Class Action Arbitration Waivers Arbitration

News & Analysis as of

Chamber of Commerce suggests issues for CFPB to address at May 5 arbitration field hearing

The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a letter to Director Cordray suggesting a series of issues for Mr. Cordray to address in his prepared remarks at the CFPB’s field hearing on...more

Alan Kaplinsky to represent industry at May 5 CFPB arbitration field hearing

Alan Kaplinsky, who leads Ballard Spahr’s Consumer Financial Services Group, has been asked by the CFPB to testify as an industry representative at the CFPB’s May 5 field hearing on arbitration. We expect the hearing to...more

Ninth Circuit Adopts California Rule Voiding Arbitration Provisions Barring Certain Representative Claims

In recent decisions, both the Court of Appeals for the Ninth Circuit and the California Supreme Court have held that arbitration clauses barring employees from pursuing class actions in arbitration are unenforceable with...more

CFPB Field Hearing May Unveil New Rule on Arbitration Agreements

The CFPB is continuing its march towards a new rule governing the use of arbitration clauses in consumer lending contracts. On April 20, the Bureau announced its next step will be to conduct a field hearing in Albuquerque,...more

CFPB Announces May 5 Field Hearing on Arbitration

The CFPB announced that it is holding a field hearing on May 5, 2016, in Albuquerque, New Mexico, on arbitration. Previously, CFPB field hearings have resulted in the announcement of proposed rules. We anticipate that this...more

CFPB to hold May 5 field hearing on arbitration

The CFPB has announced that it will hold a field hearing in Albuquerque, New Mexico about arbitration on May 5, 2016.  We expect the field hearing to coincide with the release of the CFPB’s proposed rule on the use of...more

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The...more

7th Circuit Decision Offers Valuable Lessons on Enforceability of Arbitration Clauses in E-Commerce

On March 25, the Seventh Circuit Court of Appeals issued a decision in Sgouros v. TransUnion Corp. in which the appeals court rejected TransUnion's effort to compel arbitration of a putative class action. The appeals court...more

The Fifth Circuit Addresses an Issue That Refuses to Die: Who Determines Whether Class or Collective Arbitration Is Available?

We opined on several occasions that cases dealing with a party’s entitlement to class or collective arbitration were a dying breed because of the increased use of class action waivers. And we have been proven wrong by several...more

U.S. Supreme Court Ruling Upholds Arbitration Over Class Action Litigation

SUPREME COURT UPHOLDS CLASS ARBITRATION WAIVERS - With its ruling on December 14, 2015, the Supreme Court continues to protect arbitration as a means of dispute resolution by cracking down on attempts to circumvent the...more

Ninth Circuit Remands PAGA Cases To Lower Courts To Determine The Proper Forums For Arbitration Or Litigation

We previously reported on California courts refusing to enforce waivers contained in arbitration agreements of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). These cases have...more

Fifth Circuit Decision May Endanger Many Texas Arbitration Agreements

The Fifth Circuit has issued a decision which may affect Texas employers who utilize employment arbitration agreements. In Nelson v. Watch House Int'l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the court found an...more

Director Cordray signals no change in direction regarding arbitration

At a presentation on February 18, 2016 to the American Constitution Society, CFPB Director Richard Cordray devoted most of his remarks to the subject of consumer arbitration. Director Cordray revealed that the effect on...more

CFPB Director Cordray Blasts Arbitration Clauses During Recent American Constitution Society Speech

On February 18, 2016, Director Richard Cordray of the Consumer Financial Protection Bureau (CFPB) gave a speech at the American Constitution Society, in which he repeatedly attacked arbitration provisions found in consumer...more

Court Upholds Class Waiver Arbitration Clause, Finding An Unaware Party Can Still Manifest Assent To Be Bound

A federal court in Oregon granted a motion to compel arbitration based on a class waiver and arbitration provision in a credit agreement. The primary question of fact was whether the plaintiff had been read or had received...more

The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation. They can also be an extremely effective mechanism for employers to...more

TruGreen, Inc. Escapes TCPA Class Action, Compels Arbitration of Individual Claim

In Stevens-Bratton v. TruGreen, Inc., No. 15-cv-2472, 2016 U.S. Dist. LEXIS 3365 (W.D. Tenn. Jan. 12, 2016), the District Court for the Western District of Tennessee denied class certification of a putative class action...more

"CFPB Pursues Aggressive Enforcement Agenda and Arbitration Restrictions"

In 2015, the Consumer Financial Protection Bureau (CFPB) continued to aggressively enforce federal consumer protection laws across a broad spectrum of consumer financial products and services. Additionally, the CFPB took a...more

2015: Arbitration Inches Toward Center Stage

Arbitration case law did not break any new ground in 2015. Instead, a larger sector of the public became aware of the ground already broken in 2011 and 2013, as well as how common arbitration is in professional...more

Supreme Court Decides DIRECTV v. Imbrugia

On December 14, 2015, the Supreme Court of the United States decided DIRECTV v. Imbrugia, No. 14-462, holding that the Federal Arbitration Act (FAA) preempts a California court’s interpretation of a contract to require...more

Alan Kaplinsky and Professor Sovern: the arbitration debate continues

In a new American Banker article, Alan Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group, responded to an article by Professor Jeff Sovern that called into question Alan’s prediction that the...more

NY Times publishes another article on arbitration

This past Sunday, the NY Times published an article carrying the headline, “Efforts to Rein in Arbitration Come Under Well-Financed Attack.” The “well-financed attack” to which the headlined refers appears to be an...more

Arbitration Update

Following up on the Consumer Financial Protection Bureau (CFPB) announcement of controversial rulemaking on arbitration provisions, CFPB Director Richard Cordray offered further insight into the CFPB's intentions in remarks...more

More criticism of NY Times arbitration articles from U.S. Chamber of Commerce

The U.S. Chamber of Commerce has issued further criticism of the recent articles on arbitration published in the New York Times. The Chamber’s initial comments focused on the Times’ first article in which Alan Kaplinsky,...more

Fifth Circuit Again Rejects NLRB Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On December 16, 2014, we reported on the National Labor Relations Board’s ruling that Murphy Oil violated the National Labor Relations Act by requiring its employees to sign arbitration agreements which “requir[ed] . . ....more

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