Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Latest Posts › Arbitration


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

Update on arbitration SBREFA panel

The CFPB has now taken two more significant steps towards issuing a proposed arbitration rule. On October 20, 2015, the CFPB convened its Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to review the...more

10/30/2015 - Arbitration Banking Sector Banks CFPB Class Action Arbitration Waivers Financial Institutions OMB Regulatory Standards SBREFA Small Business

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 Proposes Ban on Class Action Waivers

Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more

10/8/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Financial Institutions Small Business

Director Cordray to testify tomorrow before House Committee on Financial Services

On Tuesday, September 29, Director Cordray will testify once again before the House Committee on Financial Services at 10 am. The Hearing is entitled “The Semi-Annual Report of the Bureau of Consumer Financial Protection”....more

9/29/2015 - Arbitration Consumer Financial Products Consumer Lenders Financial Institutions Mortgage Lenders Mortgages TILA-RESPA Integrated Disclosure Rule (TRID)

Setting the Record Straighter

Recently, Professor Jeff Sovern sent an email to the editor of the Consumer Financial Services Law Report commenting on an article we published in the August 9, 2015 issue of the Report titled, “CFPB Makes Consumer...more

9/23/2015 - Arbitration CFPB Class Action Consumer Financial Contracts Financial Institutions Settlement

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

Professor Sovern’s comments about CFPB arbitration study numbers don’t add up

In a recent blog post, Professor Jeff Sovern responded to our blog post indicating that the CFPB’s March 10, 2014 Arbitration Study strongly supports the industry’s view that consumers fare better in arbitration than...more

8/18/2015 - American Arbitration Association Arbitration CFPB Class Action Dispute Resolution Financial Institutions

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

8/12/2015 - Appeals Arbitration AT&T Mobility v Concepcion Best Practices CA Supreme Court Class Action CLRA Corporate Counsel Federal Arbitration Act Injunctive Relief Putative Class Actions SCOTUS Unconscionable Contracts

To Stay or Not to Stay, That Is the Question Answered by the Second Circuit

Weighing in on an issue that has divided the federal courts of appeals, the Second Circuit has held that under the Federal Arbitration Act (FAA), a court that grants a motion to compel arbitration of all claims must stay the...more

8/3/2015 - Arbitration Article III Class Action Corporate Counsel Dispute Resolution Federal Arbitration Act Motion to Compel Stays

Trade groups comment on CFPB final arbitration study results

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable (Associations) have filed a joint letter commenting on the final results of the CFPB’s arbitration study released in...more

7/15/2015 - Arbitration CFPB Dodd-Frank Trade Associations

New empirical study of AAA arbitrations is a study in contradictions

A new empirical study of approximately 5,000 American Arbitration Association (AAA) consumer arbitrations conducted between 2009 and 2013 purports to find a “repeat player” effect favoring companies that previous researchers,...more

6/23/2015 - American Arbitration Association Arbitration CFPB Class Action

FTC Continues To Ban Mandatory Arbitration in Magnuson-Moss Warranty Claims

The Federal Trade Commission (FTC) recently announced its decision to retain a ban on mandatory arbitration provisions in warranty claims made under the Magnuson-Moss Warranty Act (MMWA). The FTC’s decision was announced in...more

6/4/2015 - Arbitration Dispute Resolution FTC Mandatory Arbitration Clauses Warranties

CFPB speaks (again) at PLI’s Annual Consumer Financial Services Institute

Key members of the CFPB’s enforcement, regulatory and supervision offices spoke yesterday at PLI’s 20th Annual Consumer Financial Services Institute in Chicago. As was the case during the New York City version which took...more

4/29/2015 - Arbitration CFPB Dodd-Frank Nonbank Firms Professional Conferences Rulemaking Process SBREFA Whistleblower Protection Policies

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

Sovern v. Kaplinsky

In its study of consumer arbitration dated March 10th, the CFPB concluded that relatively few consumer arbitrations have been filed. In a recent Consumer Law & Policy blog, Professor Jeff Sovern states that he is “skeptical”...more

3/24/2015 - Arbitration CFPB Consumer Complaint System Consumer Financial Products

CFPB Releases Final Arbitration Study Results

The Consumer Financial Protection Bureau has released final results of its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. Section 1028 provides that the CFPB, “by regulation, may prohibit or...more

3/10/2015 - Arbitration CFPB Consumer Financial Products Dodd-Frank

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

2/11/2015 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari 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

Waiting for the CFPB’s arbitration study

“Waiting for the CFPB’s arbitration study” isn’t the title of a new play but it does describe the study’s status as we enter the final hours of 2014. Since the CFPB sent letters to payday lenders in August 2014...more

12/30/2014 - Arbitration CFPB Consumer Lenders Loan Agreements Payday Loans

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

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