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To amend title 9, United States Code, with respect to arbitration.

USA115th CongressHR-4130| House 
| Updated: 11/14/2017
Beto O'Rourke

Beto O'Rourke

Democratic Representative

Texas

Administrative State, Regulatory Reform, and Antitrust Subcommittee, Commerce, Manufacturing, and Trade Subcommittee, Judiciary Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.
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Timeline
Oct 25, 2017
Introduced in House
Oct 25, 2017
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Oct 27, 2017
Referred to the Subcommittee on Digital Commerce and Consumer Protection.
Nov 14, 2017
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Mar 22, 2018

Latest Companion Bill Action

S 115-2591
Introduced in Senate
  • October 25, 2017
    Introduced in House


  • October 25, 2017
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • October 27, 2017
    Referred to the Subcommittee on Digital Commerce and Consumer Protection.


  • November 14, 2017
    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.


  • March 22, 2018

    Latest Companion Bill Action

    S 115-2591
    Introduced in Senate

Law

Related Bills

  • S 115-647: A bill to amend title 9, United States Code, with respect to arbitration.
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityConsumer affairsContracts and agencyEmployment discrimination and employee rights

To amend title 9, United States Code, with respect to arbitration.

USA115th CongressHR-4130| House 
| Updated: 11/14/2017
Mandatory Arbitration Transparency Act of 2017 This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure. The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Oct 25, 2017
Introduced in House
Oct 25, 2017
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Oct 27, 2017
Referred to the Subcommittee on Digital Commerce and Consumer Protection.
Nov 14, 2017
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Mar 22, 2018

Latest Companion Bill Action

S 115-2591
Introduced in Senate
  • October 25, 2017
    Introduced in House


  • October 25, 2017
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • October 27, 2017
    Referred to the Subcommittee on Digital Commerce and Consumer Protection.


  • November 14, 2017
    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.


  • March 22, 2018

    Latest Companion Bill Action

    S 115-2591
    Introduced in Senate
Beto O'Rourke

Beto O'Rourke

Democratic Representative

Texas

Administrative State, Regulatory Reform, and Antitrust Subcommittee, Commerce, Manufacturing, and Trade Subcommittee, Judiciary Committee, Energy and Commerce Committee

Law

Related Bills

  • S 115-647: A bill to amend title 9, United States Code, with respect to arbitration.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityConsumer affairsContracts and agencyEmployment discrimination and employee rights