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Access to the Courts

Access to the Courts

AARP Foundation Litigation fights to protect American's access to courts by fighting unfair arbitration clauses and advocating for the availability of class actions. Americans have a fundamental constitutional right to have a jury resolve their claims of injury from illegal, intentional, negligent, or discriminatory practices. Most people never get their day in court, however, because forced arbitration clauses hidden deep in the small print of most standard contracts force all disputes into arbitration. The New York Times' compelling three part series by authors Silver-Greenberg, Gebeloff, and Corkery, details how forced arbitration gives businesses a "get out of jail free" card to continue illegal practices that cost average Americans billions of dollars.

Part I, Arbitration Everywhere, Stacking the Deck of Justice

Part III Arbitration, a ‘Privatization of the Justice System’

Part III In Religious Arbitration, Scripture Is the Rule of Law

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Legal Cases

Find cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases. The cases within the drop-down categories below are in alphabetical order for ease of searching.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect nearly 20 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.