Blumenthal Introduces Legislation to Provide Legal Protections for Amtrak Passengers

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) introduced the Ending Passenger Rail Forced Arbitration Act, legislation to restore legal rights and protections to Amtrak riders who are currently prevented from seeking justice in courts.

In 2019, Amtrak quietly implemented a broad arbitration agreement and class action waiver policy that captures personal injury claims, including gross negligence and wrongful death, and claims of discrimination. Under this policy, customers waive their right to sue Amtrak in a U.S. court for any reason with the purchase of an Amtrak ticket. The Ending Passenger Rail Forced Arbitration Act prohibits Amtrak from continuing to impose its forced arbitration and class action waiver policy in its passenger contracts, providing passengers and survivors of negligence or misconduct a pathway to seek justice.

“This bill will restore vital legal rights to Amtrak travelers,” said Blumenthal. “Forced arbitration is an unjust and un-American practice, stripping Amtrak travelers of the basic right of access to justice. By simply checking a box, customers are forced to sign away their legal rights with the purchase of an Amtrak ticket. With this essential legislation, we ensure that all Amtrak travelers are able to seek just redress and legal accountability from Amtrak, derailing the exploitative and unfair practices of the corporation.”

The Ending Passenger Rail Forced Arbitration Act is co-sponsored by U.S. Senators Cory Booker (D-NJ), Bob Casey (D-PA), John Fetterman (D-PA), Mazie Hirono (D-HI), Edward Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

The bill is endorsed by the American Association for Justice (AAJ), Public Citizen, National Disability Rights Network (NDRN), and Rail Passengers Association.

"Millions of Americans rely on Amtrak, and their rights must be protected if something goes wrong," said American Association for Justice (AAJ) President Lori Andrus. "AAJ applauds Senator Blumenthal for reintroducing the Ending Passenger Rail Forced Arbitration Act. This crucial legislation will enable Amtrak customers and their families to seek justice when they suffer injury or loss, ensuring accountability and that their voices are heard."

“A seat on a train should not require sacrificing your day in court. A person should be able to purchase an Amtrak ticket without giving up their right to sue Amtrak in court if something should go wrong. Amtrak has no business forcing aggrieved consumers into arbitration. Thankfully, Senator Blumenthal’s Ending Passenger Rail Forced Arbitration Act would enable passengers once again to ride Amtrak without sacrificing their right to file lawsuits in court about train accidents, discriminatory treatment or other possible wrongs,” said Rob Weissman, co-director of Public Citizen.

“Amtrak is an essential means of transportation for millions of Americans,” said Jim Mathews, President & CEO of the Rail Passengers Association. “Whether their station is on the Northeast Corridor, in a mid-sized city that lost its airport, or in a rural town with no other transportation options, passengers rely on Amtrak service for work, for medical visits, and to see family. Forced arbitration simply isn’t the right policy. Our members are grateful to Sen. Blumenthal for introducing the Ending Passenger Rail Forced Arbitration Act, which safeguards passengers access to a fair process for dispute resolution.”

The full text of the bill can be found here.

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