Blumenthal, Lamb, Heck Lead Legislation to Restore Amtrak Riders’ Legal Rights & Protections
[WASHINGTON, D.C.] – Today, U.S. Senator Richard Blumenthal (D-CT) and U.S. Representatives Conor Lamb (D-PA) and Denny Heck (D-WA) introduced legislation to restore legal rights and protections to Amtrak riders who are currently prevented from seeking justice in the courts and joining together to seek accountability for their claims.
Amtrak implemented its forced arbitration and class action ban policy last January, specifically writing it to be “as broad as legally permissible,” including discrimination and any personal injury claims. The policy also includes passengers who have tickets bought for them, including minors. The company put the policy in place after incidents like the 2015 train derailment in Philadelphia and the 2017 derailment in Washington State, which resulted in multi-million dollar settlements for the victims. If a similar incident were to happen today, passengers would not be able to file lawsuits.
“The Ending Passenger Rail Forced Arbitration Act will put Amtrak on the right track and ensure the traveling public is legally protected,” said Blumenthal. “Amtrak’s current forced arbitration and class action ban policy is simply unfair. Riders unwittingly sign away vital legal rights with the purchase of a ticket. If the worst happens, they are left without legal recourse. This is unacceptable. We must restore consumers’ access to justice and public accountability.”
“Requiring forced arbitration agreements limits consumer rights and protections,” said Lamb. “Amtrak should not preclude their customers from exercising their full rights through a forced arbitration policy.”
“After Amtrak Train 501 derailed onto a busy interstate in my district, we in South Puget Sound saw first-hand the pain and suffering caused by a preventable crash,” said Heck. “But we also saw motorists leave their cars and run toward the wreckage to pull out survivors and help treat the injured. Amtrak should be running toward its responsibility to ensure safe rail travel, instead of hiding behind an arbitration clause. Victims deserve their day in court, and this bill will ensure they get it.”
The Ending Passenger Rail Forced Arbitration Act is co-sponsored by Sens. Edward J. Markey (D-MA), Sheldon Whitehouse (D-RI), Kamala Harris (D-CA), Mazie Hirono (D-HI), Chris Van Hollen (D-MD), Jeff Merkley (D-OR), Gary Peters (D-MI), Bernie Sanders (I-VT), Sherrod Brown (D-OH), Richard J. Durbin (D-IL), Cory Booker (D-NJ), and Patrick Leahy (D-VT).
The legislation is also supported by a number of consumer and industry groups, including American Association for Justice, Rail Passengers Association, and Public Citizen.
“Amtrak’s use of forced arbitration on its customers and their families is abhorrent, especially given their recent safety record and mistreatment of many passengers,” said AAJ CEO Linda Lipsen. “Riders on Amtrak, many of whom are just trying to get to work, can’t hold the company publicly accountable for any issue related to services and accommodation, personal injury and wrongful death. I commend Senator Blumenthal and Representative Lamb for introducing this needed legislation to restore consumer rights by ending Amtrak’s use of forced arbitration.”
“For millions of Americans, Amtrak is an essential means of transportation,” said Jim Mathews, President & CEO of the Rail Passengers Association. “Whether they live in rural America, a mid-sized city that lost its airport, or on the Northeast Corridor, these passengers rely on Amtrak service to go about their lives and forced arbitration isn’t the right policy. Our members thank Sen. Blumenthal and Rep. Lamb for introducing the Ending Passenger Rail Forced Arbitration Act, which ensures passengers access to a fair process for dispute resolution. We encourage Amtrak to listen to the message Congress is sending and focus on its mission to expand reliable, frequent passenger rail service to more Americans.”
“Amtrak’s decision to force customers into arbitration shields it from accountability and scrutiny if customers allege that Amtrak placed them in unsafe conditions or discriminated against them. Given its unique relationship with the federal government, and that the company receives nearly $2 billion annually in taxpayer dollars, Amtrak should be a strong steward for the American public and leading the way when it comes to customer-friendly policies. We applaud Sen. Blumenthal and Rep. Lamb for introducing the Ending Passenger Rail Forced Arbitration Act which will ensure that Amtrak puts its customers first and restores their access to justice when harmed,” said Counsel for Civil Justice and Consumer Rights at Public Citizen Remington Gregg.
The full text of the legislation is available here. Blumenthal’s remarks from today’s press call are available here.
In November, Blumenthal led a group of fourteen senators writing the company to “demand that Amtrak immediately eliminate [its] anti-consumer arbitration and class action policy.” The full text of the senators’ letter to Amtrak is available here.
Blumenthal is also the lead sponsor of the Forced Arbitration Injustice Repeal (FAIR) Act in the Senate. The legislation would increase Americans’ rights to seek justice and accountability through the court system by eliminating forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to agree to arbitration after a dispute occurs.
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