Ending Passenger Rail Forced Arbitration

Full Title:
Ending Passenger Rail Forced Arbitration Act

Summary#

This bill would add a new section to title 49 of the United States Code to stop Amtrak from using mandatory predispute arbitration agreements and predispute joint-action waivers with passengers for certain disputes. It defines "consumer dispute" to include claims between Amtrak and customers about services, accommodations, or carriage, including personal-injury claims. It defines "civil rights dispute" to cover alleged violations of constitutions or anti-discrimination laws tied to protected traits and situations, and it covers disputes brought by one or more customers, including class actions. The bill says all such predispute arbitration agreements and joint-action waivers are invalid and unenforceable for these disputes. A court — not an arbitrator — must decide whether the section applies and whether an agreement is valid. The bill does not apply to disputes covered by the Railway Labor Act. It would take effect on enactment and apply to disputes or claims that arise or accrue on or after that date.

What it means for you#

If you are a passenger or other customer of Amtrak, this would mean Amtrak could not require you to sign or follow a predispute agreement that forces arbitration for consumer or covered civil-rights disputes. You could bring such a dispute in court, and you could seek to join or form a class, collective, or joint action where allowed. The rule does not cover Amtrak employees, and it does not change dispute rules that fall under the Railway Labor Act.

Expenses#

No publicly available information.

Proponents' View#

The bill states its purposes as prohibiting predispute arbitration that forces arbitration of consumer and civil-rights disputes between Amtrak and customers, and prohibiting agreements that interfere with customers' right to participate in joint, class, or collective actions. It therefore aims to preserve court access and class-action rights for covered disputes involving Amtrak customers.

Opponents' View#

No publicly available information.