Consumer Arbitration

Are Some Banks Using Credit Reports to Help Collect Discharged Debts?

11/18/14

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.

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Consumer Arbitration: Taking Stock

05/13/14

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, in part because it isn't inherently a credit issue.

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Legal Notice. Read Carefully: Your Rights May Be Affected

04/17/14

In light of General 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 notice, applicable to all persons, everywhere:     

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Arbitration Agreements and Class Action Waivers: Dropbox

02/21/14

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, including those that have nothing to do with forum and are necessary for effective vindication of small value claims.  

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The Access-to-Justice Myth

08/01/13

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.

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Another Myth of Consumer Law?

07/31/13

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

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