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 […]
Category Archives: Arbitration
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 […]
In 2020, Congress passed the No Surprises Act to protect medical consumers from surprise bills when they received emergency treatment, only to later discover the doctor did not accept their insurance. The Act established a process by which, rather than bill patients directly, out-of-network doctors and insurers would engage in mandatory arbitration. Today, the NY […]
The case is Stephens v. Am. Arb. Ass’n Inc., No. CV-25-01650, 2026 WL 878981 (D. Ariz. Mar. 31, 2026). Here’s a paragraph from the opinion on the antitrust claim: With regard to the first element of Plaintiffs’ claim under § 2 of the Sherman Act— monopoly power in the relevant market—the AAA states in its […]
Last year, four consumers who were parties to arbitration agreements in which the sole choice of forum for dispute resolution was the American Arbitration Association sued the company under the Sherman and Clayton Antitrust acts, the Arizona Constitution, and state antitrust and unfair and deceptive practices laws. They alleged monopolistic practices, and that “the AAA […]
Public interest groups filed an amicus brief this past week in the case Gemini Trust Company, LLC v. National Association of Consumer Advocates, Inc. (NACA), opposing the company’s attempt to force arbitration of the dispute. In 2024, *NACA sued Gemini, a cryptocurrency exchange, in the District of Columbia Superior Court, alleging that the company’s terms […]
Ryan H. Nelson of South Texas has written Pre-Arbitral Red Tape. Here’s the abstract: While legal scholars debate the merits of mandatory arbitration, a more insidious barrier to justice has quietly proliferated beneath their radar. I call that barrier “pre-arbitral red tape”—that is, procedural condition precedents to initiating arbitration in a pre-dispute agreement between a consumer […]