Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Internet Law & StrategyLJN NewslettersNewsSections

Enforceability of Mandatory Arbitration in Online Contracts

By Richard Raysman and Peter Brown
August 01, 2016

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule that would limit the use of mandatory arbitration in certain consumer finance contracts. Specifically, the proposal focuses on such arbitration provisions that proscribe consumers from filing class action lawsuits. It would also permit consumers to bring class action suits against banks and financial service providers, even if the parties have an existing agreement that waives a right to such relief in favor of binding arbitration.'

The New York Times has described the use of mandatory arbitration as “stacking the deck of justice.” Conversely, according to business groups, class actions are inappropriate in small claims of this nature because they involve “issues that consumers actually care about, such as alleged overcharges [and] are unlikely to be classable because they are individualized disputes.”

This premium content is locked for Internet Law & Strategy subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.