News Topic: Consumer Arbitration

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Last week, Adam pointed us to a NYT's story on "zombie debt" after bankruptcy. I did a bit more research into the story because I had a hard time understanding the problem from the article. ... Read full article

I have an op-ed in today's American Banker on the supposed efficiency and fairness of binding mandatory arbitration.  We've given arbitration occasional coverage on the Slips over the years, but it's never been a major focus of our posting, ... Read full article

In light of G eneral Mills policy of claiming that its binding mandatory arbitration requirement (with class action waiver) applies to anyone who purchases its products, including via third-party vendors, I have decided, to post the following legal ... Read full article

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It's hardly news that arbitration agreements are used to effectuate class action waivers.  The Supreme Court has blessed the comandeering of a federal policy favoring enforcement of forum selection clauses to limit types of proceedings, incl uding t ... Read full article

Lauren blogged  about a new article by Omri Ben-Shahar , who has written a number of interesting and often (deliberately) provocative articles about consumer contracts. This new article certainly fits in that vein. ... Read full article

As the CFPB gears up to regulate arbitration clauses, a timely article by Omri Ben-Shahar has been posted on ssrn. ... Read full article

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February 27 is a big day for people interested in financial markets, consumer credit, and... well, many things of interest to Credit Slips readers. I'll be in New York, attending round two of the Second Circuit oral arguments in NML v. Argentina . ... Read full article

Contracts professors, policymakers, consumer groups and others have become particularly interested in another post- AT&T Mobility LLC v. Concepcion  case.  The United States Court of Appeals for the Ninth Circuit recently agreed to an  en banc ... Read full article

Following my post regarding PayPal's new opt-out arbitration provision, I talked to many individuals who could not find the directions for how they can opt out (hence "needle in a haystack").   Here they are : " Opt-Out Procedure. ... Read full article

Adam Levitin commented on the eBay's opt-out arbitration program on CreditSlips.org  a few weeks ago, and there have been campaigns calling for consumers to opt out of eBay's program. ... Read full article

Yesterday, I wrote about the "squeaky wheel system," or "SWS" for ease of reference, which I explored in my article, Access to Consumer Remedies in the Squeaky Wheel System .   The research shows that consumers who have and take the ... Read full article

Brian Wolfman has an interesting post about e-Bay's new arbitration agreement with a class action opt-out.  Curiously, e-Bay's arbitration agreement isn't mandatory, but it is opt-out with a limited opt-out period.  Brian's take is ... Read full article

My Georgetown colleague Rebecca Tushnet has a great post about a recent Missouri Supreme Court ruling, Brewer v. Missouri Title Loans, holding that an arbitration agreement in an auto title loan was unconscionable.  The case is important because it says ... Read full article

A major argument against substantive regulation of industries (including consumer finance) is that the market self-regulates. Bad actors get bad reputations and lose business.  Therefore, there's no need for government to intervene.   ... Read full article