Contract Disputes, Consumer Contracts

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Ballard Spahr LLP on 6/10/2025

Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses. The AAA stated that its goal was to...more

AAA Unveils Significant Revisions to Consumer Arbitration Rules

Troutman Pepper Locke on 5/15/2025

The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

Bressler, Amery & Ross, P.C. on 4/30/2025

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on 3/13/2025

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses...

Ballard Spahr LLP on 3/6/2025

Our special guest is David Horton, Professor of Law at the University of California, Davis, who has written a creative and thought-provoking article analyzing how courts should interpret certain key provisions that are...more

OK at Work: Navigating Customer Terms and Usage

Offit Kurman on 1/21/2025

On this week's OK at Work, Sarah Sawyer and Russell Berger discuss strategies for both the terms and usage of customer contracts. Listen to learn more....more

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

Ballard Spahr LLP on 12/7/2023

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

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

Bradley Arant Boult Cummings LLP on 2/18/2020

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

Burr & Forman on 9/20/2019

In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable

Carlton Fields on 2/19/2019

SquareTrade, Inc. (“SquareTrade”) sells protection plans for consumer products. Adam Starke (“Starke”) purchased a SquareTrade plan from Amazon to cover a CD player ordered from Staples....more

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

Carlton Fields on 1/14/2019

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

Fifth Circuit Finds That Arbitrator Exceeds Authority In Reforming Contract For Mutual Mistake

Carlton Fields on 9/18/2018

The Fifth Circuit has affirmed a district court’s ruling vacating an arbitrator’s decision reforming a contract for mutual mistake, finding that reformation was outside the authority provided to the arbitrator by the parties’...more

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

Carlton Fields on 9/7/2018

A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more

Contract Disputes › Consumer Contracts

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