Bills and Statutes

Every bill, statute, passed, or proposed, that we know of.

National Statutes #

Common Name	Identifier	Notes
Dodd-Frank Act	Pub. L. 111-203 I.A §113
• Federal Arbitration Act (as amended) • https://www.law.cornell.edu/uscode/text/9	9 U.S.C.	Originally enacted 1925
Motor Vehicle Franchise Contract Arbitration Fairness Act	15 U.S. Code § 1226
• H.R.4445 - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 • H.R.4445 pdf • H. Rept. 117-234	H.R.4445
Requirements for Long Term Care Facilities	42 CFR § 483.70 - Administration.
National Defense Authorization Act for Fiscal Year 2020	Public Law No: 116-92	See §547
Servicemembers Civil Relief - Private right of action Specifically	50 U.S. Code § 4042
• Food, Conservation, and Energy Act of 2008 • Packers and Stockyards - Packers Generally - General Provisions - Arbitration	7 U.S. Code § 197c	See §210
18 U.S. Code § 1514A - Civil action to protect against retaliation in fraud cases	16 18 U.S.C. § 1514A(e)(2).
National Defense Authorization Act For Fiscal Year 2020	Public Law 116–92—DEC. 20, 2019	see §550F.
CONSUMER CREDIT PROTECTION ACT / Truth in Lending Act	Public Law 90-321; 82 Stat. 146; 15 U.S.C. 1601 et seq.	see § 129B. 15 U.S.C. 1639b(e)
10 U.S. Code § 987 - Military Lending Act	10 U.S. Code § 987	see 10 U.S. Code § 987(e)
34 CFR § 685.300 - Agreements between an eligible school and the Secretary for participation in the Direct Loan Program.	34 CFR § 685.300
Consolidated And Further Continuing Appropriations Act, 2015	Public Law 113-235	see §8101

Proposed National Bills #

There have been many attempts to fix the problems. This table lists some of them.

ID & Title	Congress	Status	Committee Report / Notes
H.R.4960 - Securities Arbitration Reform Act of 1988¹	100th Congress (1987-1988)	-
S.366 - Civil Rights Procedures Protection Act of 1995	104th Congress (1995-1996)	-
H.R.3748 - Civil Rights Procedures Protection Act of 1996	104th Congress (1995-1996)	-
H.R.872 - Civil Rights Procedures Protection Act of 1999	106th Congress (1999-2000)	Introduced
H.R.3010 - Arbitration Fairness Act of 2007	110th Congress (2007-2008)
S. 647 (IS) - Mandatory Arbitration Transparency Act of 2017	115th Congress (2017-2018)
H.R.1374 - Arbitration Fairness Act of 2017	115th Congress (2017-2018)	Stuck in Judiciary Committee
S.537 - Arbitration Fairness Act of 2017	115th Congress (2017-2018)	Stuck in Judiciary Committee
S.2591 - Arbitration Fairness Act of 2018	115th Congress (2017-2018)	Stuck in Judiciary Committee
H.R.7109 - Restoring Justice for Workers Act	115th Congress (2017-2018)	Stuck in Judiciary Committee
H.R.1423 - FAIR Act	116th Congress (2019-2020)	Stuck in Judiciary Committee
S.610 - Forced Arbitration Injustice Repeal Act	116th Congress (2019-2020)	Stuck in Judiciary Committee
S.2459 — Justice for Service Members Act	116th Congress (2019-2020)	Stuck in Committee on Veterans’ Affairs
H.R.963 - FAIR Act of 2022	117th Congress (2021-2022)	Stuck in Judiciary Committee	H. Rept. 117-270
H.R.2953 - FAIR Act of 2023	118th Congress (2023-2024)
S.1376 - Forced Arbitration Injustice Repeal Act	118th Congress (2023-2024)
H.R.4120 - Protecting Older Americans Act of 2023	118th Congress (2023-2024)
H.R.5125 - End Servicemember Forced Arbitration Act	118th Congress (2023-2024)
· S.1408 - Ending Forced Arbitration of Race Discrimination Act of 2023 · H.R.3038 - Ending Forced Arbitration of Race Discrimination Act of 2023	118th Congress (2023-2024)
H.R.4841 - Restoring Justice for Workers Act	117th Congress (2021-2022)
H.R.5516 - To amend title 38, United States Code, to clarify the employment and reemployment rights of members of the uniformed services to other law	118th Congress (2023-2024)
S.567 - Richard L. Trumka Protecting the Right to Organize Act of 2023	118th Congress (2023-2024)
S.3585 - A bill to amend title 9, United States Code, with respect to arbitration of disputes involving human trafficking.	118th Congress (2023-2024)
S.3715 - A bill to amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration agreements, and for other purposes.	118th Congress (2023-2024)
S.1979 - Protecting Older Americans Act of 2023	118th Congress (2023-2024)
The American Privacy Rights Act			disallows arbitration for ‘substantial privacy harm’
H.R.7119 - Fairness in Nursing Home Arbitration Act	118th Congress (2023-2024)
H.R.7641 - Justice for Patients Act	118th Congress (2023-2024)
S.3107 - Court Legal Access and Student Support Act of 2023	118th Congress (2023-2024)
H.R.6039 - CLASS Act of 2023	118th Congress (2023-2024)

Proposed State Bills #

Title	State	Summary
California Fair Pay and Employer Accountability Act	CA	changes to PAGA law
SB-940 Civil disputes	CA	many improvements to arb requirements for contracts

Congressional Hearings #

Justice Denied: Forced Arbitration and the Erosion of our Legal System #

May 16, 2019

State Statutes #

Title	State
CA Code of Civil Procedure - CCP §§3.9.1280 - 1294.4 - Arbitration	California
CA Code of Civil Procedure - CCP §§1295 - Arbitration Of Medical Malpractice	California
CA Mandatory Fee Arbitration Act “MFAA” Bus. & Prof. Code 3.4.13 §§6200-6206	CA
Labor Code Private Attorneys General Act of 2004 - Lab. Code § 2698	CA
NY C.P.L.R. §8 7501-7516	New York
CA EDC §94876	California
FL Title XXXIX §682	Florida
Chapter 73 Arbitration	Pennsylvania

History #

CA SB-365 (2023) #

CA SB-365 Civil procedure: arbitration was signed on 10-OCT-23 which ammends CCP §1294.4 to add the text

Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal.

which effectively reversed Coinbase for California cases.

Footnotes #

Additional notes for the future #

Intended to overturn Mitsubishi. The SEC opposed this bill because the industry was not expanding its use of mandatory arbitration. ² ↩︎
Cain, R. M. (1988). Commercial Disputes and Compulsory Arbitration. The Business Lawyer, footnote 163 ↩︎