Truth in Lending: 12.7.8 Are High Costs in an Individual Arbitration Inconsistent with TILA?
The United States Supreme Court has stated that excessive arbitration fees can make an arbitration agreement unenforceable, as inconsistent with TILA’s grant of federal statutory rights:1158
It may well be that the existence of large arbitration costs could preclude a litigant such as Randolph from effectively vindicating her federal statutory rights in the arbitral forum. . . .