Be FAIR: Rep Johnson and Senator Blumenthal roundtable focuses on repealing forced arbitration and restoration of Americans' 7th Amendment rights regarding accountability through the court system

Part of what makes the 7th Amendment of the US Constitution is ensuring that the parties involved in a case have a right to have their dispute heard by a jury of citizens. However, with the "fine-print" of forced arbitration, consumers and those in the workforce consistently and unknowingly give up this right, even if they have a body of evidence which would call for their cases going to court.

In an effort to have a more balanced playing field for the larger population, Representative Hank Johnson and Senator Richard Blumenthal are part of a virtual roundtable discussion regarding the reintroduction of the FAIR Act (Forced Arbitration Repeal Act). Taking place on September 15, 2025, the roundtable is moderated by Christine Chen Zimmer (the Federal Research and Advocacy Director at the Alliance for Justice) and consists of consumer advocates and others who are committed to provided improved protections for the general public. The panelists who are part of the roundtable include the following participants:

• Christine Hines (Senior Policy Director from the National Association of Consumer Advocates).

• Doha Mekki (Senior Fellow at the Center for Consumer Law and Economic Justice at the University of California-Berkeley School of Law). She is the former acting Assistant Attorney General at the US Department of Justice (Anti-Trust Division).

• Nancy Murrey-Settle (a consumer whose experience with Heartland Payment Systems and its forced arbitration clauses exemplify the need for the FAIR Act).

• Rob Weissman (Co-President of Public Citizen).

• Leah M. Nicholls (Public Justice's Director of Access to Justice Project).

• Brad Lipton (Director of Corporate Power and Financial Regulation of the Roosevelt Institute).

• Retired Lieutenant-Colonel Susan Parisi (whose firsthand experience via a predatory lender and door to door sales tactics likewise exemplify the need for the FAIR Act and related consumer protections).

During the opening, a few issues with forced arbitration are shared; they include the following:

• A fundamental giving away of consumer and related rights.

• Absolute and binding decision-making.

• Absolves corporations of accountability.

• Weakens consumer protections and related advocacy.

• Many times, these provisions are hidden.

During the panel and related discussions ranging from sharing of personal cases and related work, a few additional topics of discussion are shared (the full video/roundtable is provided):

• One key hidden item shared by Nancy Murrey-Settles is a 12.5% overcharge when having to use the My Schoolbox component via Heartland Payment Systems and related practices which limit her consumer rights and related protections.

• Retired Lieutenant-Colonel Susan Parisi notes how she never received copies of what she signed; she's told it's for a 0% interest/no-payment for 12 months (Andersen Window Replacement) when it ends up leading to being billed $9,000 for services never rendered (and said corporation attempts to use forced arbitration as a means of settlment).

• A key principle shared by Doha Mekki is the larger call for the defense of economic opportunities for consumers and related protections.

• One of the premises shared by Christine Hines is how forced arbitration leans towards corporate interests and away from consumer protections (she notes the Livenation/Ticketmaster case where they changed the arbitrator during one of the cases brought against them).

• Rob Weissman stresses given the current presidential administration's actions to water-down previous regulations to protect the consumer, including the current actions of the Department of Civil Rights, Federal Trade Commission, the EEOC, and the Department of Justice, including at least 160 claims against large corporations dropped by said entities, there's even more of a reason for Congress and related entities to put measures in place for the general population.

• Leah M. Nicholls emphasizes the important of having legal protections and court access as it's integral to consumer protections given how forced arbitration disproportionately favors corporations.

• Brad Lipton speaks to the level of unawareness the public has regarding forced arbitration; less then 10% are aware of the concept as this is part of what allows companies to evade responsibility in clear-cut cases of consumer-adversarial practices.

Both Representative Johnson and Senator Blumenthal share the need for bipartisanship along with continued public pressure and awareness of the issues at hand given the current administration's actions, including the lack of regulation and reduction of consumer protections.

Their hope is to have something FAIR for the general public and beyond.

Note: The full roundtable (video) is provided for your viewing (via Hank Johnson's office).