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Unfair or Deceptive Trade Practices › Contract Terms › Arbitration

Troutman Pepper Locke

Fourth Circuit Finds Unilateral Change-in-Terms Provision Rendered the Arbitration Agreement Illusory Under Maryland Law

Troutman Pepper Locke on

On March 11, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to compel arbitration in two class-action lawsuits. The decision potentially has far-reaching implications for the...more

Frost Brown Todd

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

Frost Brown Todd on

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

Blake, Cassels & Graydon LLP

B.C. Proposes Consumer Protection Reforms, Aims to Restrict Certain Contract Terms

Blake, Cassels & Graydon LLP on

On February 25, 2025, the British Columbia government introduced Bill 4, the Business Practices and Consumer Protection Amendment Act, 2025 (Bill) for the stated purpose of protecting people from “unfair contract terms” and...more

Ballard Spahr LLP

Will the CFPB’s proposed rule on contract terms and conditions affect arbitration clauses?

Ballard Spahr LLP on

Earlier this week, the CFPB issued a proposed rule. Among other things, the proposed rule would “forbid covered persons from including in their consumer contracts any terms or conditions that purport to waive substantive...more

Troutman Pepper Locke

Contract Terms and Conditions Come Under CFPB Scrutiny

Troutman Pepper Locke on

The Consumer Financial Protection Bureau (CFPB or Bureau) has issued a circular warning covered persons that including unlawful or unenforceable terms and conditions in consumer contracts can violate the prohibition on...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court: Arbitration clause invalid for failing to comply with HICPA

Houston Harbaugh, P.C. on

On September 13, 2023, the Superior Court of Pennsylvania held that an arbitration clause in a home improvement contract was invalid because it failed to comply with the requirements of the Pennsylvania Home Improvement...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Carlton Fields

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

Carlton Fields on

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more

Carlton Fields

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

Carlton Fields on

The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

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