Forced arbitration—many of us have come across it again and again
in our everyday lives as consumers. This occurs when a consumer is asked
to sign an arbitration agreement before he or she can proceed with the
purchase of a product, or before the individual can sign up for a service.
This step involves the consumer waiving his or her right to sue or file
class-action lawsuits, and agreeing to have any disputes with the company
handled through arbitration—a process that is oftentimes more favorable
for the company. America's Work Force Radio, a radio show that is
aired on station WERE 1490 AM, recently brought Cincinnati Personal Injury Attorney
Donald C. Moore, Jr. onto the show to discuss the rising prevalence of forced arbitration in
the United States, as well as the negative impacts of this practice. The
radio interview with Mr. Moore—the founder of
The Moore Law Firm—was aired on September 5, 2013.
Attorney Moore said in the interview that the use of forced arbitration
by companies today has become "rampant." He stated that nearly
everywhere consumers go, they are being asked to sign these agreements,
whether they are applying for credit cards or buying computer equipment.
The lawyers noted that he was even recently asked to sign an arbitration
agreement when he made a request for medical records. Furthermore, it
has become much more common for job seekers to be asked by employers to
sign such agreements, a practice that Attorney Moore said some states
have even outlawed.
Unfortunately for consumers, another trend that has been occurring is the
growing tendency of the courts to uphold forced arbitration agreements,
according to Mr. Moore. He cited a case he is currently working on in
Kentucky in which the client was forced to resolve his dispute with an
employer through arbitration, despite the fact that the state has a law
that bans forced arbitration agreements by employers. Mr. Moore said that
this is because the Federal Arbitration Act makes it possible for "the
feds" to override state laws related to these types of agreements.
Why do companies use forced arbitration agreements? The founder of The
Moore Law Firm answered this question during his radio interview. He called
it an attempt by the companies to "divide and conquer." The
idea is to prevent consumers from forming class action lawsuits. "This
is a way to get around our 7th Amendment right to a jury trial," the lawyer said, referring to forced
Mr. Moore's advice to consumers was to simply avoid using the goods
or services of companies that try to force consumers into giving up their
rights to jury trials. Another approach to addressing this issue, he said,
is to reach out to legislators.
Attorney Moore is well-qualified to speak on the topic of forced arbitration,
as he has experience chairing arbitration panels. Furthermore, he has
more than three decades of experience practicing
personal injury law, and he has served as a substitute judge in Clermont County Court . The
Moore Law Firm's lawyers are able to assist with many different types
personal injury cases.
Contact us today so we can help you pursue compensation for your injuries!