AAJ Statement on Amtrak’s Use of Forced Arbitration in Wake of Fatal Train Derailment in Montana

Washington, DC —As investigators search for the cause of Saturday’s tragic and fatal Amtrak train derailment in Montana, reports indicate that Amtrak may potentially force the families of the victims into arbitration should they try to hold Amtrak accountable. In 2019, Amtrak added a forced arbitration clause to the fine print on its passenger tickets after multiple fatal derailments, forcing the families of victims into a rigged, secretive arbitration process where they have little hope of actually prevailing.
"Amtrak added forced arbitration clauses into the fine print of its passenger agreements to avoid public accountability. Amtrak should be held accountable in an open forum, not behind closed doors," said American Association for Justice CEO Linda Lipsen. "Families are grieving, but soon, those who lost breadwinners, partners, or parents are going to consider seeking justice against those responsible for their unimaginable loss. But a forced arbitration clause will have already made that choice for them."
Forced arbitration is a one-sided system that stacks the deck against millions of Americans. It takes away the constitutional right to seek justice in public in front of a jury, and the opportunity for group actions when it would be too difficult or costly to file a case alone. It’s so one-sided that one is more likely to be struck by lightning than win a monetary award in forced arbitration.
Members of Congress, led by Sen. Richard Blumenthal (D-CT), Rep. Conor Lamb (D-PA) and former Rep. Denny Heck (D-WA), introduced legislation last year to prevent Amtrak from being able to force arbitration onto its passengers. Legislation known as the Forced Arbitration Injustice Repeal (FAIR) Act has also been introduced in both chambers of Congress earlier this year, which would end forced arbitration in all sectors to protect the constitutional right of consumers, workers, and patients to seek accountability and justice.
"If you lose a loved one in a train derailment, have a parent being abused in a nursing home, or your credit card company overcharges you, you have a constitutional right to seek justice against those responsible. Forced arbitration robs you of that right, but the FAIR Act will restore it," concluded Lipsen.

CONTACT Carly Moore Sfregola Email: Carly.Sfregola@justice.org Phone: 202.684.9609