Here is a link to an interesting article showing how DoorDash is now afraid of its own Mandatory Arbitration Agreements even though it negotiated with arbitrators to get special rules.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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A Kings County New York Judge has ruled that Uber cannot force arbitration on a customer, finding that Uber had not proven that the customer agreed to arbitrate disputes when she signed up on-line for Uber’s services. Continue reading “Judge Rules Uber Cannot Force Private Arbitration on Customer”

Senate Republicans narrowly passed a resolution to kill a recently adopted Consumer Financial Protection Bureau (CFPB) rule prohibiting financial firms from requiring customers to resolve any disputes with the firms through individual arbitrations.

Continue reading “Senate Republicans kill CFPB rule banning forced arbitrations”

The Economic Policy Institute just released a fact sheet debunking industry claims that consumers recover more money in arbitration than class actions.

Continue reading “Economic Policy Institute issues report saying average consumer does better in a class action than in arbitration”

Paul Bland has written an excellent article in The Hill that reviews the background behind the publication of the new CFPB rule banning mandatory arbitration, and addresses the merits and criticisms of the new rule.

Continue reading “Article in The Hill explains why the new CFPB banning mandatory arbitration is a good thing”

The Department of Justice announced on June 16, 2017 that it will switch sides in a Supreme Court case, dropping its previous support for workers to throw its weight behind management.

Continue reading “U.S. Justice Department switches sides in NLRB case before Supreme Court”

FeeU.S. District Judge James Lawrence King ruled this week that Wells Fargo cannot force unnamed class members’ claims into arbitration in five lawsuits arising out of alleged improper re-ordering of overdraft fees that have been consolidated in multidistrict litigation in Florida. 

Continue reading “Judge rejects Wells Fargo’s repeated bids to compel arbitration”

fine printAccording to a story published in the Hill, Wells Fargo’s scandalous practice of secretly opening more than 2 million sham deposit and credit card accounts dragged on for at least five years, because Wells Fargo contract provisions blocked consumers from suing the bank in court. Continue reading “Wells Fargo got away with setting up sham accounts for 5 years because of forced arbitration clauses”

In a strongly worded decision, Judge Rakoff began his opinion by raising suspicion about whether the Federal Arbitration Act could properly be applied in today’s commercial context:

Continue reading “Respected US District Judge Jed Rakoff refuses to enforce Uber’s arbitration and class action waiver clauses”

fine printHere is the link to a New York Times article that is critical of the Forced Arbitration Clause in Gretchen Carlson’s Fox News Contract.

Continue reading “New York Times article suggests forced arbitration clauses (like those in Gretchen Carlson case) protect sexual predators”

fine printThe Oregonian is reporting that people that sign up to use the Biketown bikes in Portland, Oregon have 30 days to opt out of the Forced Arbitration Clause in the sign-up agreement.

Continue reading “Portland consumers must opt-out of Biketown forced arbitration clause in first 30 days”

fine printPreparations are underway for the Democratic Convention in Philadelphia. The Draft Democratic Platform unequivocally supports an individual’s right to his or her day in court and efforts to limit forced arbitration clauses in employment and service contracts. Continue reading “Democratic Platform To Limit Forced Arbitration”

fine printGoogle Fiber has added new terms to its customer agreements.  Like other large Internet service providers, customers who want to sue Google Fiber must now instead submit to arbitration.

Continue reading “Like Comcast, Google Fiber is including class action waivers in its customer agreements”

fine printThe Los Angeles Times reports that Wells Fargo customers are being forced into arbitration, even when bank employees fraudulently open accounts.

Continue reading “Even in cases of fraud, customers forced into arbitration”

fine printIn The Arbitration Epidemic: Mandatory Arbitration Deprives Workers And Consumers Of Their Rights, Katherine V.W. Stone and Alexander J.S. Colvin outline the problems posed by mandatory arbitration and explain how, in a series of rulings, the Supreme Court has freed up large corporations to sidestep the legal system through arbitration clauses.

Continue reading “Economic Policy Institute Releases Important Paper on Problems With Mandatory Arbitration”

fine printThe New York Times recent articles on mandatory arbitration did a great job of shining the light on how arbitration clauses are creating a private secret judicial system.

Continue reading “Charlie Sheen required guests to sign arbitration clauses”

US Supreme CourtJean Sternlight from UNLV has written a very good article on why the U.S. Supreme Court precedent supports the contention that mandatory arbitration violates Article III of the Constitution.

CFPB arbitration reportYesterday, following three years of intense research, empirical studies, and analysis, following dozens of submissions by a wide range of stakeholders including thousands of pages, the Consumer Finance Protection Bureau issued its Final Report, mandated by Congress in the Dodd-Frank Act, as to the effects of mandatory arbitration/class action waivers. From the CFPB press release: Continue reading “Consumer Finance Protection Bureau issues report on mandatory arbitration and class action waivers”

fine printThe Oregon Attorney General, Ellen Rosenblum, and 15 other attorneys general have sent a letter to the Consumer Financial Protection Bureau asking the federal government to adopt rules that protect consumers from mandatory arbitration clauses in important contracts. Continue reading “Oregon Attorney General and 15 others ask CFPB to ban mandatory arbitration”

Emily Bazelon describes the order in an article in Slate:

Continue reading “Emily Bazelon in Slate article says Obama Executive Order banning forced arbitration may be biggest Executive Order”