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All articles tagged '"consumer arbitration"'
38 articles found
FTC Issues Report on Debt Collection Litigation and Arbitration
By Victoria VanBuren - July 15, 2010
Last year, the Federal Trade Commission (FTC) held five round tables in three cities discussing consumer debt collection litigation and arbitration. (read more here) The agency issued this week Repairing a Broken System: Protecting Consumers in Debt Collection and Litigation and Arbitration, a report containing the findings, conclusions, and recommendations. Chapter 3 of the FTC report addresses debt collection in arbitration: The report finds th
GUEST-POST | Possible Outcomes for Class Arbitration Waivers in Consumer Contracts
By Victoria VanBuren - June 2, 2010
[Ed. note: Following find interesting comments about AT&T v. Concepcion, a case pending before the U.S. Supreme Court. Read more about the case here. These comments were first posted at Paul Lurie’s excellent listserv and we are reprinting them with the author’s permission.] By James M. Gaitis Ultimately, we are faced with at least four different possible outcomes for consumer arbitration provisions containing class preclusion clauses.
WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes”
By Victoria VanBuren - October 19, 2009
Last week’s Wall Street Journal had an interesting and well-written article about arbitration of credit card disputes, centered around the National Arbitration Forum (NAF). Hat tip to Don Philbin. Here is an excerpt: Arbitration and mediation have existed as ways to resolve disputes in the U.S. for more than 200 years. They became the standard practice in the financial world after 1987, when a Supreme Court decision gave securities firms th
Class Action Suit Filed Against the National Arbitration Forum
By Victoria VanBuren - September 17, 2009
As brought up for discussion by Professor Peter Friedman at our Commercial and Industry Arbitration and Mediation LinkedIn Group, the law firm of Milberg LLP has filed a class action lawsuit against the National Arbitration Forum (NAF). The Complaint alleges, among other things, that NAF falsely presented its arbitration services as neutral. (read more here) [Update: Click on the link for the text of the Complaint Magnone v. Accretive LLC, courte
Videos of the Congressional Hearing | Arbitration or Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - September 7, 2009
As discussed in our previous posts (here, here, and here) a U.S. Congressional Hearing on consumer debt arbitration was held on July 22, 2009 in Washington D.C. We thought that you might be interesting in watching these videos. Part 1 Part 2 (please fast forward 4:40 minutes) Technorati Tags: arbitration, ADR, law, consumer arbitration
Recent Developments in Arbitration of Consumer Disputes
By Victoria VanBuren - August 14, 2009
The Wall Street Journal reported yesterday that Bank of America will no longer require mandatory arbitration on customers’ credit card disputes (hat tip to our blog contributor Glen M. Wilkerson). Find Bank of America’s letter to Congressman Dennis Kucinich here and press release here. Back in July, JPMorgan Chase suspended mandatory arbitration as well. In case you missed the recent developments in consumer arbitration, here are some
GUEST-POST | Part Two: The Emergence in the Last Month of an Express Judicial Recognition that Arbitration Clauses Barring Class Relief in Consumer Agreements Are Void
By Victoria VanBuren - July 28, 2009
By Peter Friedman In Part One, we asked whether there is any solution to the problem created by mandatory arbitration clauses and class action waivers in consumer online transactions. As a general rule, courts hold that mandatory arbitration clauses are enforceable. Thus, for example, the Pennsylvania Law Encyclopedia explains that under the Uniform Arbitration Act, a version of which governs the use of arbitration in virtually 36 states, mandato
GUEST-POST: “Alternative” Dispute Resolution, the Rhetoric of Naming, and the Emerging Trend to Invalidate Mandatory Arbitration Clauses and Class Action Waivers in Consumer Agreements
By Victoria VanBuren - July 27, 2009
By Peter Friedman Part One – The Problem: Mandatory Arbitration clauses that preclude class relief in consumer agreements make arbitration a means of precluding consumers from obtaining any feasible relief. Calling “Alternative Rock” a certain style of music some students at liberal arts colleges enjoy has long given the music a sheen of integrity, the kind of integrity parodied as pretense by calling those fans “granola eaters” who wear Birkenst
Testimony from the U.S. Congress Hearing on the Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - July 24, 2009
To follow up on our post of earlier this week, regarding the Congressional hearing on consumer debt arbitration held in Washington D.C. on July 22, we thought we would like to read the Opening Statement by Dennis Kucinich, Chairman, Domestic Policy Subcommittee and the Staff Report. Also, following find links to prepared testimony by the expert witnesses: Testimony of Michael F. Kelly, Chief Operating Officer, National Arbitration Forum Testimony
The American Arbitration Association Confirms Today That It Suspends Arbitration of Consumer Debt Collection
By Victoria VanBuren - July 23, 2009
The Wall Street Journal reported that on Tuesday, a representative of the American Bar Association (“AAA”) said the organization will stop participating in consumer-debt-collection disputes until “new guidelines are established.” Read the full story here: An Arbitration Revolution? AAA Joins NAF, Stops Taking New Cases. Hat tip to our good friend and blog contributor Glen M. Wilkerson. Update: The AAA just released the fol
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