Benjamin Stearns

Carlton Fields

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Arizona Permits Unilateral Modifications of Standard Consumer Contracts Upon Reasonable Notice and Opt-Out Opportunity

In October 2018, Eva Cornell opened checking and savings accounts with Desert Financial Credit Union. In so doing, Cornell agreed to terms and conditions, including an agreement that Desert Financial could “change those terms...more

4/7/2023 / Arbitration , Arbitration Agreements , Consumer Contracts , Contract Terms

Ninth Circuit Holds that Federal Rules of Civil Procedure Govern How to Calculate the FAA’s Three-Month Filing Deadline to Seek...

The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more

1/14/2019 / Arbitration , Arbitration Awards , Consumer Contracts , Contract Disputes , Federal Arbitration Act , Federal Rules of Civil Procedure , Statute of Limitations , Vacatur

Ninth Circuit: Unconscionability Arguments Directed Solely At Class Action Waiver Provisions In Arbitration Agreements Are...

Utilizing a “sweeping reading of Concepcion,” as characterized by the concurring opinion, the Ninth Circuit has ruled that arguments that “a class action waiver, by itself, is unconscionable under state law or that an...more

1/4/2018 / Arbitration , Arbitration Agreements , AT&T Mobility v Concepcion , Class Action , Class Action Arbitration Waivers , Consumer Contracts , Service Contracts , Unconscionable Contracts

CFPB Issues Final Rule Prohibiting Class Action Waiver Arbitration Agreements In Certain Consumer Financial Contracts

The Consumer Financial Protection Bureau issued a final rule on July 10, 2017, prohibiting providers of certain consumer financial products and services from including within consumer agreements a requirement that any future...more

8/28/2017 / Arbitration , Arbitration Agreements , Banking Sector , Class Action , Class Action Arbitration Waivers , Consumer Contracts , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry

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