Karl Bayer's Disputing Blog

Myths of Consumer Protection Law

By Victoria VanBuren - May 4, 2009

As previously blogged here, the debate over predispute arbitration clauses in contracts between businesses and consumers, employees, and franchisees is heating up. Supporters of the Arbitration Fairness Act of 2009 held a press conference last week on “Fairness Arbitration Day.” See related posts after the jump. In contrast, Professor Omri Ben-Shahar from the University of Chicago, spoke recently on the “Myths of Consumer Protec

Arbitration Fairness Act of 2009: Analysis

By Victoria VanBuren - April 29, 2009

“Arbitration Fairness Day” is today (see background here and here). O. Russel Murray wrote an interesting analysis on the Arbitration Fairness Act of 2009 (a.k.a. H.R. 1020; the status of the bill is here). He acknowledges that there have been some problems with mandatory arbitration within the context of employment, consumer, franchises, and civil right claims. However, Mr. Murray believes that the Arbitration Fairness Act might be w

GUEST-POST | Rectifying a Critical Flaw in the Arbitration Fairness Act of 2009

By Victoria VanBuren - April 27, 2009

By Philip Loree, Jr. Introduction The Loree Reinsurance and Arbitration Law Forum is pleased and honored that Victoria VanBuren of Disputing has invited us to guest blog on the Arbitration Fairness Act of 2009 (the “Arbitration Fairness Act”). Our blog shall likewise be featuring Victoria as a guest blogger from time-to-time. Victoria suggested that the Arbitration Fairness Act would be a particularly pertinent topic in light of the “Arbitration

Tomorrow’s Guest Blogger and The Arbitration Fairness Act of 2009

By Victoria VanBuren - April 26, 2009

[Ed. note: see guest blog post here] Disputing will be honored to have guest blogger Philip Loree, Jr. Phil will be sharing insightful comments and will propose some solutions to the problems that the Arbitration Fairness Act of 2009 will likely create in disputes between commercial entities. (see past coverage of the Act here and here) Phil is a partner at the boutique law firm of Loree & Loree, where he focuses his practice on reinsurance l

Arbitration Fairness Day: Follow Up

By Victoria VanBuren - April 24, 2009

[Ed. note: see new commentary on the Act here] Following up on my post of yesterday and to continue with our tradition to explore both sides of the issue, we would like to share with you this study on arbitration published by Public Citizen. Related links: Fair Arbitration Now Public Citizen Calls for 12 State to Investigate Insurers’ Use of Questionable Arbitration Firm Thanks to Cindy Schnackel, from Homeowners Against Deficient Dwellings

April 29: Arbitration Fairness Day

By Victoria VanBuren - April 23, 2009

[Ed. note: see follow up post here and new commentary on the Act here] As H.R. 1020 (“Arbitration Fairness Act of 2009″) blogged here moves through Congress, supporters of the bill prepare to hold a press conference in Washington D.C. on April 29, 2009 to lobby to end prospective arbitration in contracts between businesses and consumers, employees, homeowners, and franchise holders. Find the status of the bill here. Hat tip to Philip

U.S. Bill Would Limit Consumer Arbitration

By Victoria VanBuren - April 8, 2009

As the U.S. Supreme Court and consumer studies on arbitration praise the benefits of arbitration, the 111st Congress is advancing a bill that would ban arbitration in consumer mortgage contracts. H.R. 1728 proposed by Rep. Miller (D- NC), titled the “Mortgage Reform and Anti-Predatory Lending Act of 2009,” would Amend the Truth in Lending Act of 1968. The bill provides, among other things, that “[n]o residential mortgage loan an

Federal Legislation on Alternative Dispute Resolution

By Victoria VanBuren - March 26, 2009

The following bills related to Alternative Dispute Resolution have been introduced recently by the 111st. Congress. H.R. 1214. Filed by Rep. Gutierrez, (D-IL) this bill, titled “Payday Loan Reform Act of 2009,” would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill, among other things, prohibits a mandatory arbitration clause that is “oppressive, unfair, unconscionab

Federal Legislation on Arbitration

By Victoria VanBuren - February 24, 2009

The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of the U.S. Code with respect to arbitration. This is the “Arbitration Fairness A