Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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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

Will the CFPB really complete its arbitration study this year?

We recently learned that earlier this month, the CFPB sent letters to payday lenders demanding copies of certain of their standard loan agreements for use in connection with the CFPB’s arbitration study. The letters are...more

8/29/2014 - Arbitration CFPB Loan Agreements Payday Loans

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

Industry trade groups urge OMB not to approve CFPB arbitration telephone survey

Three prominent industry trade groups are urging the Office of Management and Budget (OMB) not to approve the CFPB’s proposal to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use...more

7/3/2014 - Arbitration CFPB Consumer Financial Products Credit Cards Mandatory Arbitration Clauses OMB Surveys Trade Associations

CFPB arbitration study to be completed this year

We have previously blogged about the ongoing arbitration study which the CFPB is conducting under Section 1028 of Dodd-Frank. Yesterday, Will Wade-Gery (who is managing the study for the CFPB) spoke at the 19th Annual...more

4/30/2014 - Arbitration CFPB Dodd-Frank

Arbitration Clause Survives Contract Termination, Sixth Circuit Holds

Can an employer compel arbitration in accordance with an arbitration clause in a contract that has terminated? The U.S. Court of Appeals for the Sixth Circuit recently answered this question in the affirmative....more

4/8/2014 - Arbitration Contract Term Employment Contract Mandatory Arbitration Clauses

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

Preliminary arbitration study results: is the Bureau keeping an open mind?

Following up on our earlier post, we have now had a chance to review the CFPB’s 168-page report containing some preliminary results of its consumer arbitration study. While we are encouraged that the Bureau recognizes the...more

12/16/2013 - Arbitration CFPB Class Action

California Courts Rule for and against Arbitration

Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

10/31/2013 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion CFPB 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

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

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

California Courts' Split Widens on Arbitrability of PAGA Claims

Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more

6/7/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Federal Arbitration Act PAGA

CFPB seeking approval to conduct telephone survey of credit card holders for arbitration study

The CFPB is seeking approval from the Office of Management and Budget to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use of mandatory arbitration agreements in connection with...more

6/6/2013 - Arbitration CFPB Credit Cards Mandatory Arbitration Clauses Request For Information Surveys Telephone Voting

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

CFPB responds to arbitration study inquiry from Republican House members

Last April, the CFPB announced that it was beginning its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. Last week, nearly a year after that announcement, David Silberman, the CFPB’s Associate...more

4/8/2013 - Arbitration CFPB Dodd-Frank Request For Information

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

U.S. government takes position on validity of class action waivers in arbitration agreements with CFPB on sidelines (for now)

On January 30, the United States filed an amicus brief in the U.S. Supreme Court supporting the Respondents in American Express Company v. Italian Colors Restaurant, No. 12-133, an extremely important case involving the...more

2/1/2013 - American Express Arbitration AT&T Mobility CFPB Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

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