A TRADITION OF SUCCESS
  • Se Habla Español
  • News & Blog

Murphy & Landon

  • About
    • About Murphy & Landon
    • Results
  • Lawyers
    • Francis J Murphy
    • Roger D. Landon
    • Philip T. Edwards
    • Lauren A. Pisapia Cirrinicione
    • Scott M. Himelein
  • Practice Areas
    • Auto Accidents
    • Personal Injury
    • Crime Victims
    • Medical Malpractice
    • Nursing Home Liability
    • Wrongful Death
    • Insurance Bad Faith
  • News & Blog
  • Contact
Call: 302-472-8100
  • Home
  • Law
  • Bill Introduced to Ban Forced Arbitration

Bill Introduced to Ban Forced Arbitration

Lauren Cirrinicione
Tuesday, 24 August 2021 / Published in Law, News/Events

Bill Introduced to Ban Forced Arbitration

Arbitration clauses in consumer transactions.   They are found in cell phone contracts and credit card agreements, but in more recent years have been venturing into online profiles for small businesses such as local gyms, children’s athletic teams, and even spas.

What is forced arbitration?

A forced arbitration clause is language within a contract that says to use a particular service, the person must agree that they will not engage in their constitutional right to a jury trial by suing the company publicly. Instead, they are forced to file a private arbitration to be decided by a private arbitrator usually chosen by the business.  The benefit to the company is twofold: 1) the entire proceeding will remain outside of public view; and 2) cost to bring the case to conclusion is lower.  To top this, many clauses state that arbitration is “binding,” meaning that neither party can appeal to the court.

There are many business to business contexts where arbitration clauses may be favored.  But in the world of consumers versus businesses, the forced clauses are often one-sided and unfavorable to consumers.  Additionally, the private nature of the proceeding highlights the basic failure of the proceeding to adequately protect them.  Keeping company failings quiet benefits the company and does nothing to protect other consumers from future harm.

For example, even now in today’s more open discussion of sexual trauma, organizations are still working to protect themselves and sexual predators through confidential arbitration proceedings.  Keep it out of the courts, and keep it out of the news.  Businesses use arbitration clauses to protect themselves in other types of cases as well, such as nursing home neglect, personal injury, and employment disputes, to name a few.

Over the past few years, legislation and rules have slowly been introduced to chip away at this practice.  According to a National Consumer Law Center press release, a bipartisan bill was introduced at the Federal level called the Ending Forced Arbitration of Sexual Harassment Act.  If it passes, the bill “would void forced arbitration provisions as they apply to sexual assault and harassment survivors, allowing survivors to seek justice, discuss their cases publicly, and eliminate institutional protection for harassers.”

If you or your loved one was injured and may have signed a contract with an arbitration clause, contact Murphy & Landon for a complimentary consultation at 302-472-8100.

Author

  • Lauren Cirrinicione

    Lauren Cirrinicione is a trial lawyer who helps individuals who have been seriously injured by collisions, negligence, malpractice, neglect and abuse to seek justice from those people and companies that have caused them harm.

    View all posts
  • Tweet

What you can read next

May Is Global Youth Traffic Safety Month
Let Them Eat Cake!
Family of Delaware Girl Who Died in School Beating Settles with School District

Recent Posts

  • Wilmington, DE - Crash at 4th and Jackson Sts Injures at Least One

    Milford, DE – Fatal Injury Crash Involving 4 Vehicles on Rte 1 near Bakerfield Rd

    Milford, DE (July 11, 2025) – One person died a...
  • Milford, DE - Car Crashes Into Dollar Tree on S. DuPont Blvd, Injuring 3

    Georgetown, DE – One Injured in Truck Accident at Dupont Blvd & Ave of Honor

    Georgetown, DE (July 10, 2025) – One person was...
  • Wilmington, DE - Crash With Injuries Blocks Concord Pike Nb at Woodrow Ave

    Milton, DE – Two Injured in Car Accident at Rte 1 & Hudson Rd

    Milton, DE (July 9, 2025) – Two people were hos...
  • Milton, DE - 74-Year-Old Woman Dies in Mulberry St Crash

    Selbyville, DE – 2 Killed, 1 Badly Hurt in Head-On Crash on Rte 54 at New Rd

    Selbyville, DE (July 8, 2025) – A tragic two-ca...
  • Seaford, DE - Pedestrian Struck Near Walmart on Sussex Hwy

    Lewes, DE – Injury Pedestrian Accident at Coastal Hwy Near Home Depot

    Lewes, DE (July 7, 2025) – A pedestrian was hur...

Categories

  • Bicycle Accidents
  • Brain Injuries
  • Car Accidents
  • Child Abuse
  • Crime Victims
  • Did You Know
  • Elder Abuse
  • Injuries
  • Landlord/Tenant
  • Law
  • Local Accidents
  • Medical Malpractice
  • Mental Health Break
  • Motorcycle Accidents
  • News/Events
  • Pedestrian Accidents
  • Premises Liability
  • Spinal Cord Injuries
  • Staff Spotlight
  • Truck Accidents
  • Uncategorized
  • Verdicts and Settlements
  • Wrongful Death

ABOUT US

Murphy & Landon is located in Wilmington, Delaware. We serve clients throughout New Castle, Kent and Sussex Counties and beyond, including Dover and Newark.

Best Wilmington Personal Injury Attorneys

CONTACT US

Phone: 302-472-8100
Toll-Free: 866-939-8100
Fax: 302-472-8135

Murphy & Landon Delaware
1011 Centre Road
Suite 210
Wilmington, DE 19805
Map and Directions

Murphy & Landon New York
800 Third Avenue
28th Floor
New York, NY 10022
Map and Directions

OUR OFFICE

Get Directions powered by Google

  • Disclaimer
  • Site Map
  • Privacy Policy

© 2025 by Murphy & Landon, P.A. All rights reserved.

TOP