Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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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

Pew Report on Checking Account 'Best Practices' Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the safety and transparency of checking accounts. The study questions whether banks are sufficiently engaged in what Pew deems "best practices" and concludes that the...more

6/21/2013 - Arbitration Agreements Binding Arbitration CFPB Checking Accounts Disclosure Requirements Overdraft Fees

No 'Vindication of Rights' Exception to Concepcion, Supreme Court Holds

The U.S. Supreme Court today delivered a knock-out punch to the last major court challenge to the use of class action waivers in consumer arbitration agreements....more

6/21/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Massachusetts Supreme Judicial Court Invalidates Class Action Waiver in Arbitration Provision

Addressing an important issue that the U.S. Supreme Court will decide in the next few weeks, the Supreme Judicial Court of Massachusetts has held that a court may invalidate an arbitration agreement that contains a class...more

6/15/2013 - American Express Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Statutory Rights

CFPB supporting documentation for arbitration study telephone survey includes justification and proposed questions

As we reported, the CFPB has asked the Office of Management and Budget to approve the Bureau’s plans to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use of mandatory arbitration...more

6/13/2013 - Arbitration Arbitration Agreements CFPB Credit Cards

Third Circuit Clarifies Standards for Arbitration Motions

Resolving an issue "of utmost importance" that has divided the district courts, the Third Circuit yesterday clarified the legal standards that district courts should apply in deciding a motion to compel arbitration....more

5/30/2013 - Arbitration Arbitration Agreements Federal Arbitration Act Motion to Compel

Pro-Arbitration Ruling Likely from Supreme Court

Yesterday, we attended the highly anticipated oral argument before the U.S. Supreme Court in Italian Colors Restaurant v. American Express Travel Related Services Co. While no one can predict with certainty how the Court will...more

3/1/2013 - American Express Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Credit Cards SCOTUS

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

1/30/2013 - Arbitration Agreements Binding Arbitration Federal Arbitration Act Insurance Contracts McCarran-Ferguson Act Preemption

Pew Report on Checking Account Arbitration Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the use of arbitration clauses by banks in checking account agreements. Pew examined the prevalence of such clauses and consumer attitudes about arbitration....more

12/4/2012 - Arbitration Agreements

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