Richard Frankel of Drexel has written The Mass Arbitration Illusion, 83 Washington and Lee Law Review _ (forthcoming 2026). Here is the abstract: Mass arbitration has emerged as the latest battleground in the ongoing tug-of-war between corporations and their consumers and employees regarding binding mandatory arbitration clauses. After businesses succeeded in shielding themselves from liability […]
Category Archives: Arbitration
A group of small stores filed thousands of demands for arbitration against Amex with the AAA, challenging Amex’s swipe-fee policies. The parties disagreed about what fees were due to AAA, and the AAA administrator made a determination that a $3,500 filing fee applied to each demand, with the stores responsible for $350 and Amex the […]
After more than five years of litigation, and more than a year after the district court certified a class in a TCPA consumer class action, Club Exploria, a timeshare company, moved to compel arbitration. The district court denied the motion, finding a waiver of the right to arbitrate. It then granted summary judgment to the […]
Alexi Pfeffer-Gillet of Washington and Lee has written From Mutual Aid to Batched Plaintiffs: Arbitration’s Collective Roots and Procedural Future, 76 Emory Law Journal (2026). Here’s the abstract: Arbitration is spinning out of control. The seemingly innocuous private alternative to court has for decades been the primary battleground for consumers and employees with widespread claims […]
At 38 Loyola Consumer Law Review 183 (2026). Here’s the abstract: The second Trump Administration has waged war against consumers and against the federal agencies that seek to protect consumers. It has tried to shut down the Consumer Financial Protection Bureau, expand the President’s authority to exert iron-fisted control over agency directors, and significantly shrink the federal workforce that in the […]
Yesterday, U.S. Senators Richard Blumenthal (D-CT) and Elizabeth Warren (D-MA) and Congressman Hank Johnson (D-GA) wrote to Bank of America CEO Brian Moynihan, calling on the bank to immediately remove its recently added forced arbitration agreement, hamstringing consumers’ legal rights and denying them the ability to hold corporations accountable. “The new forced arbitration provision will […]
The survey was conducted by the Goldberg Law Group. Only 16% of Americans say they read every word of a contract. I very much doubt it’s even that high. Almost certainly some of the people who said they read every word were too embarrassed to say they didn’t. For example, when I polled consumer financial […]
The last few years have had several decisions from state and federal courts of appeals addressing when “clickwrap” or “browsewrap” arbitration agreements are enforceable. “A clickwrap agreement requires a user to check a box or click a button to acknowledge acceptance of the agreement’s terms and conditions,” and “a browsewrap agreement contains hyperlinked terms, and […]
by Brandon Ballou. It’s available here. Ballou also has a guest essay in the Times, He Signed Away His Right to Sue by Subscribing to Disney+. Excerpt from the essay: * * * In small claims courts, consumers win as often as 89 percent of the time. Before the two leading U.S. arbitration providers, consumers […]
Story here. It was in Canada. I suppose it was inevitable given how many others have relied on AI-hallucinated citations without checking. I suspect it has happened in the US as well, though perhaps without anyone knowing. Of course, if arbitrators don’t write opinions but merely ask AI questions and don’t verify the cites, no […]