US SB647 | 2017-2018 | 115th Congress
Status
Spectrum: Partisan Bill (Democrat 7-0)
Status: Introduced on March 15 2017 - 25% progression, died in committee
Action: 2017-03-15 - Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]
Status: Introduced on March 15 2017 - 25% progression, died in committee
Action: 2017-03-15 - Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]
Summary
Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.
Title
Mandatory Arbitration Transparency Act of 2017
Sponsors
Sen. Richard Blumenthal [D-CT] | Sen. Sherrod Brown [D-OH] | Sen. Edward Markey [D-MA] | Sen. Al Franken [D-MN] |
Sen. Patty Murray [D-WA] | Sen. Jeff Merkley [D-OR] | Sen. Sheldon Whitehouse [D-RI] |
History
Date | Chamber | Action |
---|---|---|
2017-03-15 | Senate | Read twice and referred to the Committee on the Judiciary. |
Same As/Similar To
HB4130 (Same As) 2017-11-14 - Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Subjects
Alternative dispute resolution, mediation, arbitration
Civil actions and liability
Consumer affairs
Contracts and agency
Employment discrimination and employee rights
Law
Civil actions and liability
Consumer affairs
Contracts and agency
Employment discrimination and employee rights
Law
US Congress State Sources
Type | Source |
---|---|
Summary | https://www.congress.gov/bill/115th-congress/senate-bill/647/all-info |
Text | https://www.congress.gov/115/bills/s647/BILLS-115s647is.pdf |