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Venmo's Unfair and Abusive Arbitration Opt-Out Provision
04/26/2022 Venmo's changing the terms of its arbitration agreement, and the manner in which it is doing so is unfair and abusive to consumers. The CFPB and state attorneys general need to take action here to protect consumers. ...[more]Commercial and Contract Law: Questions, Ideas, Jargon
12/01/2020 In the Spring I am teaching a research and writing seminar called Advanced Commercial Law and Contracts. Credit Slips readers have been important resources for project ideas in the past, and I'd appreciate hearing what you have seen out in the world ...[more]ALI Consumer Contracts Restatement-What's at Stake
05/16/2019 The American Law Institute's membership will vote next Tuesday (the 21st) on whether to approve the ALI's Consumer Contracts Restatement project. Let me recap why you should care about this project: it opens the door for businesses to use ...[more]Restatement of Consumer Contracts—On-Line Symposium
03/21/2019 The Yale Journal on Regulation is holding an on-line symposium about the draft Restatement of the Law of Consumer Contracts, which is scheduled for a vote at the American Law Institute's annual meeting this May. The launching point for the symposium ...[more]Shakespeare Meets ALJs: Much Ado About Nothing
05/22/2018 In a recent oral argument before the U.S. Supreme Court, conservatives urged the Court to outlaw the use of administrative law judges (ALJs) in agency enforcement actions. The Consumer Financial Protection Bureau is paying notice. On January 31, 2018, ...[more]Epic Systems and the Atomization of Employment Disputes
05/21/2018 Millions of American workers are parties to arbitration agreements that require them to bring claims against their employers in individualized arbitration proceedings (rather than as part of a class or collective action, as authorized by some federal and ...[more]Summer Associate Arbitration Clauses: Why Disclosure Isn't Enough
03/27/2018 This weekend a mini-scandal erupted over the law firm Munger, Tolles requiring its summer associates to sign pre-dispute arbitration clauses. Munger, Tolles was rightly shamed into rescinding the practice, but one suspects that Munger, Tolles isn't ...[more]Debbie Does Damages: the Stormy Daniels Contract Clusterf*ck
03/08/2018 There's been a lot of poorly informed reporting about the Stormy Daniels contract litigation, including in some quite reputable publications, but by reporters who just aren't well versed in legal issues. For example, I've seen repeated ...[more]Stormy Daniels, Donald Trump, and the Role of Arbitration in Ensuring Silence
03/07/2018 For readers who haven't been following along: Stephanie Clifford, aka Stormy Daniels, is an adult film star who allegedly had a sexual relationship with Donald Trump in the mid-2000s. She recently sued Trump and other defendants, seeking to ...[more]CFPB Arbitration Rule Overturned
10/25/2017 By a 51-50 vote , with Vice President Pence breaking the tie, the Senate has voted to overturn the Consumer Financial Protection Bureau's rule forbidding the use of contract terms (in covered consumer loan products) barring cons ...[more]CFPB Politics Update
08/09/2017 Time for a CFPB politics update: FSOC veto, Congressional Review Act override of the arbitration rulemaking, Director succession line, and contempt of Congress all discussed below the break. What happened to that FSOC Veto Threat? ...[more]CFPB Arbitration Rulemaking--and Potential FSOC Veto
07/11/2017 Today the CFPB finalized the most important rulemaking it has undertaken to date. This rulemaking substantially restricts consumer financial service providers' ability to prevent consumer class actions by forcing consumers into individual ...[more]Wells Fargo Fake Accounts and Arbitration
06/14/2017 Jeff Sovern has an excellent new article about arbitration clauses and class action waivers that uses the Wells Fargo fake account scandal as a test case. ...[more]Kindred Nursing Centers--More on Arbitration and State Contract Law
05/15/2017 Today, the U.S. Supreme Court decided Kindred Nursing v Clark , an arbitration case in which the Kentucky Supreme Court declined to enforce arbitration agreements between a nursing home and two patients. ...[more]Uber Helps Me Revise My Contracts Syllabus
08/15/2016 I've been meaning to post about this recent decision , by Judge Rakoff in the Southern District of New York, denying motions by Uber and its CEO Travis Kalanick to compel arbitration of a class action lawsuit. ...[more]The CFPB's Proposed Rules on Consumer Financial Arbitration
05/09/2016 As has been expected for some time , the Consumer Financial Protection Bureau has issued a proposed rule that would prohibit companies providing consumer financial services from ...[more]DIRECTV v. Imburgia Decided, Surprises No One
12/14/2015 Earlier I posted about DIRECTV v. Imburgia. To recap the issue: DIRECTV's contract with subscribers (i) required arbitration, (ii) forbade class actions, and (iii) provided for litigation in court if "the law of [the subscriber's] ...[more]The Weight To Be Given To Comments From Bankruptcy Judges On Proposed Bankruptcy Rules and Forms
12/01/2015 ...[more]