Julianna Thomas McCabe

Carlton Fields

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Consumer Finance Rule Will Ban Use of Pre-Dispute Arbitration Agreements

USA - June 3 2016 If you've ever read the fine print in your credit card agreement, there is a good chance it states you agree to arbitrate any claims and waive the…

Elizabeth M. Bohn.

CFPB Publishes Proposed Rule Banning Pre-Dispute Arbitration Agreements in Consumer Class Actions

USA - May 6 2016 This week, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute…

Elizabeth M. Bohn.

Supreme Court Won’t Resolve Multi-Circuit Split on Ascertainability Requirement

USA - March 11 2016 On February 29, the U.S. Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776, an ascertainability case we…

Michael A. Greenfield.

The More the Merrier: Court Rejects Waiver Argument, Enforces Arbitration Clause in Consumer Contract

USA - December 23 2015 A federal district court in Oklahoma recently rejected a defaulting borrower's attempt to argue that her lender's pursuit of foreclosure litigation…

Supreme Court Confirms Enforceability of Class Action Waivers

USA - December 15 2015 For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a…

Mark A. Neubauer, Michael A. Greenfield.