NJ Assembly Passes Bill to Bar Out-of State Consumer Arbitration

Here is a report from the N.J.L.J. Excerpt:

The New Jersey Assembly has passed legislation that prohibits companies from inserting language in consumer contracts that requires arbitration of disputes in forums outside of the state.

The Assembly, on Monday, approved the bill, A1515, in a 49-20 vote. The vote was split along party lines, with Republicans opposing the bill.

The bill itself, as well as additional information, is linked to here. And here is Gregory Gauthier's comment:

I wonder whether, if the bill passes, businesses will attempt to argue that the FAA preempts New Jersey law as applied to an arbitration forum selection clause, following the (probably-now-discredited) Bradley v. Harris Research line of cases.  If those challenges are unsuccessful (as I expect them to be), I think the law will shine a light on arbitration forum selection clauses nationally, as any national business including a forum selection clause could become liable under New Jersey's TCCWNA.

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