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Updates on Verizon mass arbitration appeal and revised AAA mass arbitration supplementary rules

We previously wrote about a Ninth Circuit appeal taken by Verizon Wireless, Inc. after a California district court judge held that its arbitration agreement, which required mass arbitration disputes to be resolved by multiple...more

442 Congress members did NOT join anti-arbitration letter to CFPB

Recently, 93 members of Congress (all Democrats) signed a letter in support of the pending Petition for Rulemaking filed by consumer advocacy groups in September that would prohibit pre-dispute consumer arbitration clauses...more

Professor Sovern’s reply underscores need for consumer education

Recently, Professor Sovern replied to our blog post that commented on the letter that he and 160 other law academicians submitted to the CFPB in support of the pending Petition for Rulemaking that would prohibit pre-dispute...more

Comment letters from consumer advocates bolster case against CFPB rulemaking on post-dispute arbitration clauses

We previously reported and released a podcast episode on comments that we and Professor David Sherwyn of Cornell University submitted in opposition to the Petition for Rulemaking filed by a number of consumer advocacy groups...more

Seventh Circuit stays order requiring Samsung to pay millions in arbitration fees

We previously blogged about an Illinois federal district court order requiring Samsung to pay about $4 million in arbitration fees in connection with 35,000 individual arbitration demands filed as part of a “mass...more

Consumer Finance Monitor Podcast Episode: Reasons Why the CFPB Should Deny the Petition for Rulemaking on Post-Dispute Consumer... [Video]

Our special guest is David Sherwyn, Professor of Law at Cornell University's School of Hotel Administration. In Sept. 2023, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would...more

California ends automatic stays of litigation when orders denying motions to compel arbitration are appealed

Currently, California trial court proceedings are automatically stayed when a party appeals an order denying a motion to compel arbitration.  However, on October 10, 2023, Governor Newsom signed California Senate Bill No. 365...more

CFPB reacts quickly and favorably to Petition submitted to it by consumer groups to ban pre-dispute arbitration

Last week, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses that...more

Channeling Shakespeare, Court Orders Samsung to Pay Millions in Arbitration Fees

Alleging violations of the Illinois Biometric Information Privacy Act (BIPA), approximately 50,000 Samsung customers filed individual arbitration demands with the American Arbitration Association (AAA) pursuant to an...more

Further thoughts on consumer understanding of arbitration clauses

Professor Jeff Sovern recently blogged about the FTC’s June 2023 revisions to its Endorsement Guide. The Guide helps advertisers and endorsers make sure that their advertising using endorsements or testimonials is truthful...more

New study targets arbitration opt-outs in online contracting, but misses the point

Professor Jeff Sovern, who recently joined the University of Maryland Francis King Carey School of Law faculty, has recently blogged about a forthcoming Study by academicians at other institutions that will be published in...more

California federal court denies arbitration motion in Ticketmaster case

We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

If consumers are “clueless” about arbitration, it’s not industry’s fault

Last week, Professor Jeff Sovern of St. John’s University School of Law published a blog post discussing a new empirical study by Roseanna Sommers, Assistant Professor of Law at the University of Michigan Law School, dealing...more

“True lender” class actions against OppFi filed in multiple states

In January 2023, a federal district court in Texas dismissed Michael v. Opportunity Financial, LLC, a putative class action filed in June 2022 claiming that fintech Opportunity Financial, LLC (OppFi), not its out-of-state,...more

Viking River Cruises revisited

We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

SCOTUS: appeal from denial of arbitration automatically stays lower court proceedings

Last week, the U.S. Supreme Court held in a 5-4 decision that an appeal of the denial of a motion to compel arbitration automatically stays lower court proceedings pending the outcome of the appeal. The decision in Coinbase,...more

Challenges accepted, Professor Sovern

Our response to Professor Sovern’s article about arbitration opt-outs and so-called “dark patterns” prompted a reply in which he poses two “challenges”: (1) “prove that opt outs benefit consumers by telling us how many...more

Arbitration opt out provisions benefit consumers, Professor Sovern

For the past decade, Professor Jeff Sovern has criticized companies for including opt out provisions in their consumer arbitration clauses, even though such provisions give consumers freedom of choice by allowing them to...more

Consumer Finance Monitor Podcast Episode: A Deep Dive into Mass Arbitration, with Special Guest Andrew Pincus, Partner, Mayer... [Video]

After discussing what mass arbitration is and its growing use for claims against companies in the consumer finance industry, we discuss the factors that make companies most vulnerable to mass arbitration claims. We then...more

Arbitration “Fair Act” reintroduced in Congress

Recently, 37 Senators (36 Democrats, one Independent) and 84 members of the House of Representatives (all Democrats), led by Senator Richard Blumenthal of Connecticut and Congressman Hank Johnson of Georgia, reintroduced the...more

Professor Sovern: You’re mixing apples and oranges

In a recent blog post, Professor Jeff Sovern contends that the case against consumer arbitration has been bolstered by the fact that a lawyer for the “conservative” Competitive Enterprise Institute made positive remarks about...more

Consumer Advocates Take Aim at Chamber’s New Mass Arbitration Report

The U.S. Chamber of Commerce’s recent publication of an 80-page report titled “Mass Arbitration Shakedown: Coercing Unjustified Settlements” has fanned the flames on an already heated debate between consumer advocates and...more

New Jersey appellate court decision limiting Atalese to consumer and employment arbitration clauses may fuel FAA preemption...

In 2014, the New Jersey Supreme Court held in Atalese v. U.S. Legal Services Group, L.P. that in order to be enforceable, arbitration clauses must contain an express waiver of the parties’ right to seek relief in a court of...more

White House issues Blueprint for Renters Bill of Rights: Will the CFPB and FTC stay in their lanes?

Last week, the Biden Administration released a “Blueprint for a Renters Bill of Rights” (Blueprint), which sets forth five principles intended to “create a shared baseline for fairness for renters in the housing market” and...more

CFPB proposes registry for supervised nonbanks using form contracts containing arbitration provisions, waivers, or other limits

The CFPB has issued a proposed rule to establish a system for the registration of nonbanks subject to CFPB supervision that use “certain terms or conditions that seek to waive consumer rights or other legal protections or...more

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Updated: Dec 28, 2021:

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JD Supra, LLC
150 Harbor Drive, #2760
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Sausalito, CA 94965

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