Russ Feingold: Press Release

Feingold Seeks to Preserve Credit Cardholder’s Access to Courts
Senator Fights ‘Mandatory Arbitration’ That May Put Consumers at a Disadvantage

March 14, 2000

Cassville, WI -- U.S. Senator Russ Feingold today outlined his new legislation, the Consumer Credit Fair Dispute Resolution Act of 2000, which is designed to protect and preserve the right of American consumers to take disputes with credit card companies to court. The bill takes on "mandatory arbitration,"where credit card companies require their cardholders to settle any disputes before an arbitration panel, rather than of a court of law, as a condition of using their credit card.

"Today, all credit card companies have to do is slip a few sentences about ‘mandatory arbitration’ into a consumer’s bill, often without the consumer’s knowledge, and suddenly cardholders have lost their constitutional right to a day in court if a dispute arises," Feingold said. "Instead, cardholders are left with an arbitration process where their odds of success in a hearing - if they can even afford to get that hearing in the first place - are close to zero."

While Feingold said that arbitration can be an efficient way to settle disputes, he stressed that consumers should be able to have the option of having their case heard in a court of law. But in the case of mandatory arbitration, consumers can only settle a dispute through an arbitration firm – usually a firm handpicked by the credit card company. One credit card company won 99.6 percent of the cases that went before the arbitration firm it selected. In addition, arbitration can be expensive for consumers, costing more than bringing the matter to small claims court and paying a court filing fee.

"With some of the biggest credit card companies adopting mandatory arbitration policies, the U.S. Senate must act quickly to preserve court access for consumers," Feingold said. "The Consumer Credit Fair Dispute Resolution Act of 2000 fights back against mandatory arbitration, and makes sure that the only thing mandatory for credit cardholders is that they have the choice to have their case heard in a court of law."

Feingold's 28th Listening Session of 2000, and 532nd since he was first elected in 1992, was held at the Cassville Village Hall, beginning at 11:45 a.m.


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