This article sets out 8 new ways to avoid arbitration: non-preempted state law; delegation clauses inapplicable to non-parties; disputes always outside arbitration’s scope; expanded arbitration ban involving servicemembers; broad-based relief in California despite arbitration restrictions; threat of mass arbitration allows cases in court; new ways to attack digital consent; arbitration as the best way to get into court.

This article describes how state unfair and deceptive acts and practices (UDAP) statutes offer a powerful tool to combat private companies’ financial exploitation of incarcerated people and their loved ones, such as price gouging, unfair contracts, and denial of free services to force paid services. The article explains how UDAP statutes have been and can be used, as well as potential obstacles to their use.

State “UDAP” statutes, providing equitable relief and attorney fees, are a promising approach to defending foreclosure of long-dormant second mortgages (zombie mortgages). With numerous precedents, this article explains why mortgage holders and servicers’ long-term abandonment of communication with borrowers meets the elements for both unfair and deceptive practices under these statutes.