by Jeff Sovern One of my students told me about Tinder's new retroactive arbitration clause which, of course, includes a class action waiver. As with many such contracts, consumers accept it by using the service, regardless of whether they have read it or not–and we know few consumers actually read such things. The arbitration clause, […]
Category Archives: Arbitration
Here. Here's more from The Hll and here is David Dayen writing at The Nation.
by Jeff Sovern Level Playing Field is reporting that companies include in their arbitration clauses provisions that AAA, their arbitration service, has informed them have to be waived, meaning AAA won't enforce them. The clauses in question may deter consumers, who don't know that they won't be enforced, from bringing the arbitration at all. For […]
David Horton of California, Davis has written Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making, Duke Law Journal, Vol. 68, Forthcoming. Here is the abstract: For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate — rather than allowing her to litigate — does not affect the outcome of a dispute. […]
SCOTUS blog has information here. The case name is New Prime Inc. v. Oliveira and here is the description of the issues: Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue that must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's […]
by Jeff Sovern Last May, President Trump appointed bank lawyer Keith Norieka as interim head of the Office of the Comptroller of the Currency. Now that the full-time Comptroller has taken office, Norieka is returning to his firm "where he’ll consult large domestic and international banks on precisely the issues handled by the agency he […]
by Jeff Sovern Some arbitration clauses permit consumers to opt out of arbitration and class action waivers provided the consumer acts within a stated period. For example, Asana provides in § 13.8 of its Terms of Service for a 30-day opt-out. Those wishing to opt out are instructed to send "written notice of your decision to opt […]
Here. The report is based on a statement by an unidentified White House aide. The signing is to take place tomorrow.
by Jeff Sovern Allison blogged earlier about CFPB Director Cordray's letter to the president urging him to allow the CFPB arbitration rule to go into effect. While it would be wonderful if the president did so, there are many reasons to think he won't. Among these: as regular readers will know, Vice President Pence broke […]
by Jeff Sovern . . . or it could come later in the week. Or not. My speculation is that the Senate leadership will call the vote if they think they have the votes to pass the resolution but otherwise they will let it go until closer to the deadline. So the real question is […]