Arbitration Enforcement, Proceedings

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.

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

What you need to know about the new CFPB proposal and seven other new limits on forced arbitration, summarized in this article.

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...

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.

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.

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...

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.

The Talent-Nelson Military Lending Act (MLA), 10 U.S.C. § 987, enacted in 2006, imposes a 36% interest rate cap, bans mandatory arbitration, and imposes other restrictions on “consumer credit” extended to service members and their dependents. The MLA thus applies to more than 5 million Americans. The MLA though applies only to an individual who, at the time he or she becomes obligated on a...

This article provides step-by-step advice on how to successfully proceed in arbitration. When a challenge to an arbitration requirement fails, proper client representation may require resorting to arbitration as the only available avenue for relief. Every consumer attorney should be prepared to arbitrate a case—the right case before the right arbitrator will produce excellent results.