Consumer Arbitration Agreements/Clauses and Class Action Arbitration Waivers in the Consumer Context: CFPB Interest and Potential Crackdown, Post-Concepcion Update, and Notable Recent State Case Law

January 29, 2015 5:10pm

Matthew Previn

BuckleySandler LLP

Matthew W.H. Wessler
Gupta Wessler, PLLC

E. Hutchinson Robbins

Miles & Stockbridge P.C.

  • CFPB’s interest in the use of arbitration agreements and clauses: Study under Section 1028 of Dodd-Frank; Potential ban or limit of use; How to adapt to this potential change
  • Implications of AT&T Mobility v. Concepcion and American Express v. Italian Colors for consumer arbitration agreements and the potential impact of the CFPB’s arbitration study
  • Where are we on Arbitration Clauses?
  • The status of class action waivers and arbitration in the wake of Concepcion
  • The treatment of AT&T v. Concepcion by lower courts and emerging legal issues
  • How are the lower courts applying Concepcion?
  • Defeating plaintiffs’ theories as to why Concepcion and its progeny should not apply to a particular case
  • Implications of Iskanian v. CLS Transportation: Enforceability of arbitration agreements with mandatory class waivers; Exceptions; FAA Preemption of state law