On May 22, the Supreme Court overruled nine circuits in holding that a defendant’s waiver of arbitration must be treated like any other contractual right. No showing of prejudice to the plaintiff need be shown. This article examines the decision and arbitration waiver law generally. Importantly, also considered are the decision’s implications to assist a broad array of challenges to arbitration requirements.
Arbitration Enforcement, Proceedings
Where Defendant Requires Arbitration but Refuses to Pay for It
Increasingly, consumers forced into arbitration seek to avail themselves of that process, but are frustrated by the defendant’s refusal to pay or otherwise participate in the proceeding. This article describes a state supreme court’s solution—the consumer can then go to court.
Three June State Law Actions Helping Consumers Fight Arbitration Requirements
This article examines three June actions showing how state law can help consumers respond to arbitration clauses: a Ninth Circuit ruling that public injunctive relief provided by a state statute must be available either in court or in arbitration, a state supreme court’s limit as to when non-parties can enforce arbitration agreements, and a Vermont statute helping consumers challenge unconscionable arbitration clauses.
Challenging Electronic Assent to Arbitration, Robocalls, and More
Increasingly, companies seek to bind consumers to arbitration, consent to robocalls, and other terms and conditions through the consumer’s actions on a website. This article reviews an important January court decision, describes surprising facts about bots and “click farms,” and sets out a series of practical steps to challenge consumer assent to terms found on a website.Challenging Electronic Assent to Arbitration, Robocalls, and More
The Latest Actions to Limit Forced Arbitration
What you need to know about the new CFPB proposal and seven other new limits on forced arbitration, summarized in this article.
Supreme Court Rules Yet Again in Favor of Mandatory Arbitration—Why This Time the Impact Is Limited
On December 14, the Supreme Court issued its decision in DirecTV, Inc. v. Imburgia, reversing a California Court of Appeals decision from last year. The case involved a clause in DirecTV’s consumer arbitration agreement that expressly prohibited class actions in arbitration but also provided that, “[i]f . . . the laws of your state would find this agreement to dispense with class arbitration...
Supreme Court Enters Fray of Nursing Home Arbitration Wars
A May 15 Supreme Court decision is just one of the recent developments concerning arbitration clauses in nursing home contracts. This article explains the decision and other challenges to arbitration requirements in nursing home agreements.
Practice Implications of July CFPB Arbitration Rule, Other Arbitration Developments (Updated)
On July 10, the CFPB issued its long-awaited final rule allowing class actions to proceed in court despite arbitration requirements. This article examines the new rule’s practice implications, outlines other arbitration developments, and provides a thumbnail guide to arbitration issues.
New Magnuson-Moss Rules Aid Consumer Warranty Litigation
On May 28, 2015, the FTC announced new changes to its rules under the Magnuson-Moss Warranty Act that, effective July 20, 2015, will significantly aid private consumer warranty litigation. The details and impact of the new rules are reflected in revised versions of Chapters 2 and 13 of NCLC’s Consumer Warranty Law, now available on-line. Chapter 2 is also fully updated with all the latest Magnuson...
New Developments Limit Arbitration of FDCPA, Other Claims Against Debt Buyers and Collectors
This article highlights two key new developments limiting arbitration of FDCPA and other claims against debt buyers and collectors: a AAA letter about Midland Funding and an important Eleventh Circuit ruling.