Stanford Law Professor Janet Cooper Alexander believes that it does. The basic idea is that states and localities would empower private attorneys general to bring actions on behalf of the governmental entity (which would not be subject to arbitration clauses) for injured consumers, etc.
Here's an excerpt from the web page at the link above:
The Access to Justice Restoration Act works by:
- Allowing people who have been harmed by unlawful behavior to report that behavior to the state’s attorney general or city attorney;
- Upon receiving a report, granting the state or city itself a claim for relief over violations of antitrust, civil rights, consumer, or employment protections available to its residents;
- Authorizing people who have reported misconduct to file a civil lawsuit on behalf of the state or city to collect any money owed to the government, and to ask for other appropriate court orders, if the state attorney general or city attorney does not have the resources or desire to file a case himself or herself;
- Reducing the need for taxes while supporting public services by providing half of any money to the state or city;
- Assisting all of the people who have been harmed by violations by providing half of any collected money to them; and
- Allowing the courts discretion in each case to provide punitive damages of up to 100% of the actual damages caused by the wrongful behavior.
HT: Gregory Gauthier
