As previously reported, in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers in arbitration agreements as unconscionable.
Demonstrating once again its interest in issues arising under the Federal Arbitration Act, the U.S. Supreme Court has granted a petition for writ of certiorari to review a per curiam unreported opinion by the U.S. Court of Appeals for the Eleventh Circuit.
A recent Florida appellate court opinion invalidating a class action waiver in an arbitration agreement underscores the need for companies to ensure that their consumer arbitration agreements include consumer-friendly features that will enable consumers to retain competent counsel to represent them in individual arbitrations.
A federal district court in Minneapolis has enforced the class action waiver in TCF National Bank's checking account arbitration provision and granted the bank's motion to compel individual arbitration of claims that the bank violated Minnesota law by charging excessive overdraft fees in debit card ATM and retail POS transactions.
An 11th Circuit Court of Appeals decision that significantly narrowed the scope of the Class Action Fairness Act (CAFA) and created substantial confusion among class action practitioners has been vacated by that Court, which admitted that its earlier statutory interpretation was "incorrect.
The decision in Wood v. Palisades Collection LLC, No. 09-4627 (D.N.J), issued July 22, 2010, underscores the need for a debt buyer sued in a class action to review carefully the original credit card agreement and all change-in-terms notices to ascertain whether there is a binding arbitration agreement.
Companies using arbitration in their consumer and employee contracts are urged to review those documents carefully in light of the U.S. Supreme Court decision on Monday in Rent-a-Center , West v. Jackson , No. 09-497 (June 21, 2010).
The U.S. Supreme Court has agreed to review a case that will decide whether the Federal Arbitration Act (FAA) preempts state court decisions holding that a class action waiver in a consumer arbitration agreement is unconscionable or otherwise violates state law.