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1.7.1 Congressional Action

United States Senators Al Franken and Richard Blumenthal and Representative Hank Johnson reintroduced in Congress the Arbitration Fairness Act shortly after the United States Supreme Court decided AT&T Mobility L.L.C. v. Concepcion in April 2011.123 The proposed act would amend the FAA—which was originally enacted in the 1920s to promote business-to-business arbitration124—to eliminate forced arbitration clauses in employment, consumer, and civil rights cases, instead allowing consumers and workers to choose arbitration after a dispute arises.


  • 123 {113} S. 987 (112th Cong.); H.R. 1873 (112th Cong.).

  • 124 See, e.g., Imre Szalai, Outsourcing Justice (2014).