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Articles 1 - 5 of 5
Full-Text Articles in Consumer Protection Law
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
Jackson V. Payday Financial, Llc., Hannah S. Cail
Jackson V. Payday Financial, Llc., Hannah S. Cail
Public Land & Resources Law Review
In Jackson v. Payday Financial, the Seventh Circuit Court of Appeals held loan a provision requiring arbitration in tribal court was unreasonable and substantially and procedurally unconscionable. The Court rejected Payday’s argument that the dispute belonged in tribal court, because there was no subject matter jurisdiction over Plaintiffs’ claims, and the defendants did not raise a colorable claim for tribal jurisdiction or tribal exhaustion.
Consumer Protection, Hijacking And The Concepcion Cases, Brandy G. Robinson
Consumer Protection, Hijacking And The Concepcion Cases, Brandy G. Robinson
Brandy G Robinson
Since its ruling, AT&T Mobility v. Concepcion has been the subject of scrutiny among many people in both the business and legal industries. The ruling’s significance denotes class arbitration is no longer a viable option in certain types of litigation matters. Yet, courts continue to defy this ruling. Post-Concepcion cases help in exploring why there is such a discord and confusion on whether class arbitration or any class alternative dispute resolution method are allowable.This article briefly examines AT&T Mobility LLC v. Concepcion and post-Concepcion cases and what remains for consumers and consumer law attorneys after Concepcion. The article also provides …
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, Yuxaing Liu
"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Paul F. Kirgis, Jeff Sovern, Elayne E. Greenberg, Yuxaing Liu
Faculty Law Review Articles
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison
Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison
NYLS Law Review
No abstract provided.