NCLC Model State Consumer & Employee Justice Enforcement Act (Nov. 2015)

Although the Federal Arbitration Act (FAA) preempts certain state limits on the enforceability of an arbitration agreement, states can take other actions to limit arbitration requirements that are not preempted by the FAA.  NCLC's Model State Consumer and Employee Justice Enforcement Act (2015) includes eight separate titles that protect against different harms related to forced arbitration of consumer and employment disputes, and these provisions should not face FAA preemption. Although they are presented as a single Act, these subparts stand alone. Thus, states could enact any or all of the titles. Each title is followed by notes and analysis.