Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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High Praise for WSJ Editorial, with a Small Caveat

A recent editorial in the Wall Street Journal is a “must read” for those who will be affected if the CFPB’s May 5, 2016 proposed rule banning class action waivers in consumer financial services arbitration agreements becomes...more

5/23/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses Service Contracts Wall Street Journal

CFPB Issues Proposed Regulations To Prohibit Class Action Waivers in Consumer Arbitration Agreements

Yesterday, the Consumer Financial Protection Bureau (CFPB) announced at a field hearing in Albuquerque, New Mexico, that it is proposing regulations that would prohibit covered providers of certain consumer financial products...more

5/6/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Consumer Contracts Dodd-Frank Federal Arbitration Act Financial Services Industry Service Contracts

Public Citizen petitions Dept. of Education to ban use of arbitration agreements by schools receiving Title IV assistance

Public Citizen, Inc. has sent a petition to the Department of Education requesting the Department to adopt a rule that requires schools to agree, as a condition of receiving Title IV assistance under the Higher Education Act...more

2/26/2016 - Arbitration Agreements Department of Education Federal Arbitration Act Higher Education Act Program Participation Agreements (PPAs) Student Enrollment Title IV

Democratic Senators introduce bill to limit use of arbitration agreements

Democratic Senators Patrick Leahy and several other Democratic Senators have cosponsored a bill that would place new limits on the use of arbitration agreements. According to Senator Leahy’s press release, the “Restoring...more

2/9/2016 - Arbitration Agreements CFPB Federal Arbitration Act Financial Services Industry Proposed Legislation

U.S. Supreme Court Again Reverses California State Court on Arbitration

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

12/18/2015 - Arbitration Agreements Class Action Arbitration Waivers DirectTV Federal Arbitration Act Preemption SCOTUS

New York Times article omits critical pro-arbitration facts

An article on consumer arbitration in this week’s Sunday New York Times concludes that “[b]y inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies… devised a way to...more

11/3/2015 - Arbitration Arbitration Agreements Banking Sector Banks CFPB Class Action Class Action Arbitration Waivers Consumer Financial Contracts Federal Arbitration Act Financial Institutions New York Times

Our thoughts on Director Cordray’s arbitration comments to the CFPB’s Consumer Advisory Board

In his remarks today to the CFPB’s Consumer Advisory Board, Director Cordray denigrated arbitration agreements as a “free pass” that allows companies to “sidestep the legal system, avoid big refunds, and continue to pursue...more

10/23/2015 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Financial Products Financial Institutions

Responding to Professor Sovern: how Dodd-Frank Section 1028 limits the CFPB’s power to regulate arbitration agreements

In a blog post earlier this week, Professor Jeff Sovern took issue with statements made by a legal expert that suggest an amendment to the Federal Arbitration Act would be necessary for the CFPB to ban class action waivers in...more

10/23/2015 - American Bankers Association Arbitration Arbitration Agreements Banking Sector CFPB Class Action Class Action Arbitration Waivers Federal Arbitration Act Financial Institutions SBREFA

Court: Debtor Cannot Use FDCPA as Enforcement Mechanism for Arbitration Provision

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it filed a summary judgment motion in a collection action after the debtor had sought enforcement of a credit card agreement’s arbitration...more

10/14/2015 - Arbitration Arbitration Agreements Consumer Financial Products Credit Cards Debt Collectors FDCPA Financial Institutions Summary Judgment

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

10/8/2015 - Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Class Certification Consumer Financial Products Financial Institutions Mandatory Arbitration Clauses SCOTUS Small Business

Noted Scholars Critique the CFPB’s Arbitration Study and Find It Lacking

We have previously blogged about the comment letter concerning the CFPB’s March 10, 2015 Study on consumer arbitration that we submitted to the CFPB on behalf of the American Bankers Association, the Consumer Bankers...more

8/26/2015 - American Bankers Association Arbitration Arbitration Agreements Banking Sector CFPB Dispute Resolution Financial Institutions

Maryland High Court: Mandatory Arbitration Hinges on “Entire Agreement,” Not “Single-Document Rule”

A mandatory arbitration provision is enforceable even when not contained within the four corners of a retail installment sales contract between a consumer and an automobile dealer, Maryland's highest court has ruled....more

7/8/2015 - Arbitration Agreements Car Dealerships Mandatory Arbitration Clauses Retail Installment Sales Contracts

Supreme Court To Decide California Arbitration Issue

On March 23, the U.S. Supreme Court granted certiorari in DirecTV, Inc. v. Imburgia, agreeing to resolve a split between the Ninth Circuit and California state courts on how to interpret the same DirecTV arbitration...more

3/26/2015 - Arbitration Arbitration Agreements Certiorari DirectTV Federal Arbitration Act Preemption SCOTUS

No Arbitration Where Employer Was Unable To Authenticate Employee's Electronic Signature on Arbitration Agreement

The California Court of Appeal, Fourth District, recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an...more

1/8/2015 - Appeals Arbitration Arbitration Agreements Authentication E-Signatures Employer Liability Issues

AFSA responds to state AG call for arbitration limits

The American Financial Services Association (AFSA) has sent a letter to Director Cordray responding to the letter sent to him last month by 16 Democratic state attorneys general calling on the CFPB to limit the use of...more

12/9/2014 - Arbitration Agreements CFPB Consumer Financial Products UDAAP

Further Thoughts on the St. John’s Consumer Arbitration Study

Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

11/18/2014 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Opt-Outs

Some thoughts on the St. John’s School of Law’s analysis of consumer understanding of arbitration agreements

Following on the heels of the Pew Foundation’s survey of consumer attitudes towards arbitration and the CFPB’s on-going empirical study of consumer arbitration, a group of professors from St. John’s University School of Law...more

11/11/2014 - Arbitration Arbitration Agreements CFPB Pew Foundation Surveys

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

8/25/2014 - Arbitration Arbitration Agreements Constructive Notice Corporate Counsel Federal Arbitration Act Terms of Service Terms of Use Websites

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Employer Liability Issues FLSA Jurisdiction Robert Half

Tenth Circuit Rejects State Law Challenge to FAA Primacy

In the aftermath of AT&T Mobility, LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, consumer lawyers have frequently argued that arbitration agreements should be invalidated if features other than the...more

1/31/2014 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act SCOTUS

High Arbitration Fees Prove Costly to Defendant

A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC, the court affirmed the trial court’s denial of a...more

10/9/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T AT&T Mobility v Concepcion Fees Unconscionable Contracts

FTC files amicus challenging arbitration provision

As industry and consumers await the results of the CFPB’s arbitration study, the FTC became the latest federal agency to weigh in on consumer arbitration issues. Recently, at the invitation of the Seventh Circuit, the FTC...more

10/3/2013 - Arbitration Arbitration Agreements FTC Payday Loans Tribal Lands

Prominent industry trade groups nix CFPB’s proposed telephone survey of consumers

As part of its on-going study of consumer arbitration mandated by the Dodd-Frank Act, the CFPB announced on June 7, 2013 that it is seeking funding from the Office of Management and Budget to undertake a telephone survey of...more

8/14/2013 - Arbitration Arbitration Agreements CFPB Credit Cards Dodd-Frank Surveys

11th Circuit Affirms Arbitrator’s Class Ruling but Leaves Arbitrability Undecided

Applying the Supreme Court’s recent decision in Oxford Health Plans v. Sutter, the 11th Circuit affirmed an arbitrator’s conclusion that the parties’ agreement permitted class-wide arbitration....more

7/16/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Class Arbitration Oxford Health v Sutter SCOTUS

Supreme Court arbitration decision raises stakes for CFPB arbitration study

Last week, in its decision in American Express Co. v. Italian Colors Restaurants, the U.S. Supreme Court delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration...more

6/25/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements CFPB Class Action Dodd-Frank SCOTUS

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