Halliburton's Arbitration Trap

February 09, 2010 Subject: I am writing to you after learning of the treatment of Jamie Leigh Jones, who recently told ABC’s 20/20 that she was gang raped and confined to a shipping container while working in Iraq for KBR, a subsidiary of Halliburton. What has happened to her is upsetting enough, but I also am outraged that she will not be able to hold her attackers accountable before a judge and jury because of a clause in the Halliburton employment contract. I urge you to support the Arbitration Fairness Act, a bill which will help citizens like Jamie by eliminating pre-dispute binding mandatory arbitration (BMA) clauses in employment and consumer contracts. Binding mandatory arbitration clauses in credit card, employment, and securities contracts force individuals to forfeit their right to a trial by judge or jury if dangerous products, services or workplaces harm them. BMA does not help ordinary people, but benefits big corporate interests like national banks and insurance companies. They use it as a means to evade accountability for any harm they cause or laws they break - laws meant to protect consumers and employees. There are several reasons why the Arbitration Fairness Act needs to be passed. First, most individuals have no choice but to accept the arbitration clause. If they want the product, service or job, or even if they are required by law to buy the service, as is the case with auto insurance, consumers are forced into BMA. Second, the lack of any meaningful independent review of arbitration decisions creates a climate ripe for abuse. The arbitration process is secretive and the courts have little involvement. Companies impose arbitration on consumers to keep their corporate misbehavior hidden from the piercing sunlight of our public civil justice court system. Third, arbitration companies are beholden to companies that hire them for repeat business, which creates a bias. For example, public data published in Public Citizen’s report "The Arbitration Trap: How Credit Card Companies Ensnare Consumers" show that in the portfolio of one California arbitrator who ruled in 532 cases, 526 were in favor of business - a mere 1.14 percent for the ordinary consumer. The Arbitration Fairness Act would change this terrible anti-consumer landscape. If we are to have any hope of restraining powerful corporate interests from abusing their overwhelming market power to the detriment of individuals, families, workers and whole communities, it must change. If you have already cosponsored the Arbitration Fairness Act, thank you for your leadership on this issue. Please encourage your colleagues to cosponsor the bill as well. It's time to enact the Arbitration Fairness Act and roll back the damage being done to our rights and liberties for the sake of profit. Thank you for listening to a constituent. I look forward to your reply. Sincerely, We will add your signature from the information you provide.		First Name* Last Name* Email* Street* Street 2 Street 3 City* State/Province* Select a state Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware D.C. Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Armed Forces (the) Americas Armed Forces Europe Armed Forces Pacific Alberta British Columbia Manitoba Newfoundland New Brunswick Nova Scotia Northwest Territories Nunavut Ontario Prince Edward Island Quebec Saskatchewan Yukon Territory Other Zip/Postal Code*