A major impediment to consumer vindication of their rights is the widespread use of mandatory arbitration clauses in consumer contracts. This section of our website contains materials relating to various approaches to attack such clauses. A model state law limits the use of such clauses while not being preempted by the Federal Arbitration Act. A consumer law treatise, Consumer Arbitration Agreements, provides tactics to challenge arbitration agreements' enforceability. Testimony and comments support federal legislation limiting mandatory arbitration.
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