220315 Coalition H R 963 FAIR Act House


March 15, 2022



We, the undersigned associations, urge you to oppose H.R. 963, the “Forced Arbitration Injustice Repeal (FAIR) Act,” which would effectively ban arbitration provisions in private contracts. Federal law has protected arbitration as a means of resolving disputes between businesses, consumers, and employees since 1925. Should it become law, this bill would not benefit claimants and would instead produce more class action lawsuits to the benefit of the lawyers who bring them.

The use of pre-dispute arbitration clauses in contracts benefits consumers, small businesses, and employees. For example, recent studies have found that employees and consumers prevailed more often, recovered more money, and resolved their claims more quickly in arbitration than in litigation.[1] In addition, courts work to ensure that arbitration agreements of all types are fair and do not provide an advantage to any party.

The only clear beneficiaries of broadly eliminating cost-effective and fair arbitration as a viable way to resolve disputes are class action lawyers, who would directly benefit from increased class action litigation. Studies have shown that class action settlements frequently provide, at best, a very low return to class members while class action attorneys take in millions of dollars. Their gain would come at the expense of consumers, small businesses, and employees, many of whom are not even eligible to participate in class action litigation. In addition, because their claims are too small to attract individual legal representation, they would be left without a remedy altogether if arbitration were eliminated.

Accordingly, we urge you to vote NO on H.R. 963.



ACA International

American Bankers Association

American Financial Services Association

American International Automobile Dealers Association

American Property Casualty Insurance Association

American Tort Reform Association

American Transaction Processors Coalition

Consumer Bankers Association

Consumer Data Industry Association


Electronic Transactions Association

FMI - the Food Industry Association

HR Policy Association

Independent Community Bankers of America

Innovative Payments Association

National Association of Federally-Insured Credit Unions

National Association of Home Builders

National Association of Manufacturers

National Association of Mutual Insurance Companies

National Restaurant Association

National Retail Federation

Real Estate Services Providers Council, Inc.

Retail Industry Leaders Association

Securities Industry and Financial Markets Association (SIFMA)

Small Business & Entrepreneurship Council

U.S. Chamber Institute for Legal Reform

U.S. Chamber of Commerce

USTelecom – The Broadband Association


Business Council of Alabama

Selma and Dallas County Chamber of Commerce and Tourism Information


Arizona Chamber of Commerce and Industry

Buckeye Valley Chamber of Commerce

Carefree Cave Creek Chamber of Commerce

Chandler Chamber of Commerce

Gilbert Chamber of Commerce

Greater Flagstaff Chamber of Commerce

Greater Phoenix Chamber

Prescott Valley Chamber of Commerce

Sierra Vista Area Chamber of Commerce

Surprise Regional Chamber of Commerce

Tucson Metro Chamber


Alameda Chamber & Economic Alliance

Brea Chamber of Commerce

California Chamber of Commerce

Carlsbad Chamber of Commerce

Civil Justice Association of California

El Dorado County Chamber of Commerce

Garden Grove Chamber of Commerce

Greater Coachella Valley Chamber of Commerce

Greater Conejo Valley Chamber of Commerce

Modesto Chamber of Commerce

Murrieta/Wildomar Chamber of Commerce

North Orange County Chamber

Orange County Business Council

Rancho Cordova Area Chamber of Commerce

Redondo Beach Chamber of Commerce

Simi Valley Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Torrance Area Chamber of Commerce

Tracy Chamber of Commerce

Valley Industry & Commerce Association


Connecticut Business & Industry Association


Florida Chamber of Commerce Litigation and Regulatory Reform Center

Florida Justice Reform Institute


Barrow County Chamber of Commerce

Forsyth County Chamber of Commerce

Gwinnett Chamber of Commerce


Hawaii Restaurant Association


Boise Metro Chamber


Bolingbrook Area Chamber of Commerce


GLMV Chamber of Commerce

Joliet Region Chamber of Commerce & Industry

Lombard Area Chamber of Commerce

The Greater Springfield Chamber of Commerce

Western DuPage Chamber of Commerce


Indiana Chamber of Commerce

Insurance Institute of Indiana

LaPorte County Government


Overland Park Chamber of Commerce

Wichita Regional Chamber of Commerce


Kentucky Chamber

Union County Kentucky Chamber of Commerce


Massachusetts Insurance Federation

South Shore Chamber of Commerce


Maryland Chamber of Commerce


Lake Gogebic Area Chamber of Commere

Michigan Chamber


Associated Industries of Missouri

Missouri Chamber of Commerce and Industry

Missouri Civil Justice Reform Coalition, Inc.

Missouri Insurance Coalition

North Dakota

The Chamber Grand Forks / East Grand Forks

New Jersey

New Jersey Civil Justice Institute


Henderson Chamber of Commerce

Vegas Chamber

New York

Capital Region Chamber

Lawsuit Reform Alliance of New York


The State Chamber of Oklahoma


Albany Area Chamber

Oregon Business & Industry

Roseburg Area Chamber of Commerce


Erie Regional Chamber and Growth Partnership

Greater Reading Chamber Alliance

Indian Valley Chamber of Commerce

Pennsylvania Chamber of Business and Industry

Pennsylvania Coalition for Civil Justice Reform

Schuylkill Chamber of Commerce


Texas Association of Business


Davis Chamber of Commerce

South Valley Chamber


Auburn Area Chamber of Commerce

Lakewood Chamber of Commerce

Shelton-Mason County Chamber of Commerce

Tri-City Regional Chamber of Commerce

Washington Retail Association

Yakima Chamber of Commerce


Beaver Dam Area Chamber of Commerce

Oshkosh Chamber of Commerce

West Virginia

West Virginia Chamber of Commerce


Greater Cheyenne Chamber of Commerce

[1]See An Empirical Assessment of Consumer & Employment Cases in Arbitration & Litigation (March 2022) available at https://instituteforlegalreform.com/research/update-an-empirical-assessment-of-consumer-employment-cases-in-arbitration-litigation/.

220315 Coalition H R 963 FAIR Act House