Category Archives: Arbitration

An open letter to Rohit Chopra: Don’t forget arbitration

Dear Rohit: Congratulations on your confirmation to serve as Director of the Consumer Financial Protection Bureau! You are an excellent choice for many reasons, not least because you bring to the CFPB helm the experience of having served as an FTC Commissioner as well as having been at the CFPB in its earliest days. Much […]

American Prospect: lawyer offered $2K to get consumer client to sign already-written op-ed supporting arbitration

Here, by Amelia Pollard. Excerpt: Conservative pro-business groups have hit upon a new tactic to protect its members’ interests: outright purchasing of grassroots support. Late last week, David Chami, an Arizona attorney who specializes in consumer protection, received an email from Drew Johnson, who identified himself as working with the U.S. Chamber of Commerce. Johnson […]

Study reports consumers find courts fairer than arbitration

Farshad Ghodoosi of the David Nazarian School of Business & Economics, California State University, Northridge and Monica Sharif of California State University, Los Angeles have written Justice in Arbitration: The Consumer Perspective, International Journal of Conflict Management (2021). Here is the abstract: Purpose: Arbitration—a binding private third-party adjudication—has been the primary legal way for resolution […]

AAJ report indicates arbitration has a diversity problem

by Jeff Sovern The report is titled Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities. CNBC has a story here. Here's an excerpt from the report: Arbitrators in consumer and employment cases are mostly male and overwhelmingly white. At AAA and JAMS, the two largest consumer and employment […]

A reply to Mark Levin’s claims about my proposal for a new CFPB arbitration rule

by Jeff Sovern Last week, I suggested that the CFPB adopt a new arbitration rule. Yesterday, Ballard Spahr's Mark Levin commented on my proposal, in a blog post titled Professor Sovern’s opt-in arbitration proposal is neither new nor supportable. This post responds to some of Mr. Levin's arguments. Mr. Levin wrote that my suggestion would […]

WSJ: Amazon eliminates arbitration clause after facing 75,000 arbitration demands by Echo users

Here. Excerpt: *  * With no announcement, the company recently changed its terms of service to allow customers to file lawsuits. Already, it faces at least three proposed class actions, including one brought May 18 alleging the company’s Alexa-powered Echo devices recorded people without permission. The retail giant made the change after plaintiffs’ lawyers flooded […]

A suggestion to the CFPB for a new arbitration rule

by Jeff Sovern I have a suggestion for the CFPB relating to arbitration. Many readers will know this background, but for those who don't: in 2010, Congress enacted the Dodd-Frank Act, which in section 1028 directed the Consumer Financial Protection Bureau to study arbitration. The statute also authorized the Bureau to regulate consumer financial arbitration […]

LA Times’ David Lazarus: AT&T’s new arbitration clause isn’t doing you any favors

Here.  It might be behind a paywall, but you can find it on Lexis. I enjoyed and recommend the whole column, but here's an excerpt: Jim Kimberly, an AT&T spokesman, told me that "arbitration is a faster, less expensive, easier means of resolving disputes." * * * For businesses, arbitration is indeed faster, cheaper and […]