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
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