After Disney Wields its Terms of Use to Dismiss Customer’s Lawsuit, Groups Call on Congress to Pass FAIR Act
The FAIR Act would ensure that consumers, workers, and small businesses have access to the court system when they are harmed.
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Amicus Brief: Ochoa v. Ford Motor Company
NCLC joined other consumer and workers’ rights advocates in this case involving equitable estoppel and forced arbitration. The amicus brief explains how an arbitration-specific version of equitable estoppel imposed by some courts to allow non-signatories to enforce an arbitration clause is wholly divorced from the traditional principles and interpretations of the doctrine, which require a…
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Arbitration-Focused Comments on CFPB's Proposed Overdraft Fee Rule
NCLC joined a comment letter on the CFPB’s proposed overdraft fee rule, noting that any proposed overdraft fee rule must be accompanied by a strong enforcement mechanism. Consumers must be able to hold financial institutions accountable in public court for overdraft fee violations, and forced arbitration fine print traps should not be used as a…
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Digital Library: 75 Ways to Challenge an Arbitration Requirement
A new NCLC Arbitration Practice Checklist, free and accessible to the public, is found at NCLC’s Consumer Arbitration Agreements § 1.2a. It not only lists 75 ways to defeat an arbitration requirement, but also considers procedural issues in such a challenge, including who decides enforceability and timing of appeal rights. The checklist also explains options to proceed in arbitration—individual,…
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SEC Petition for Rulemaking Banning the Use of Forced Arbitration Clauses in Broker/Dealer and Investment Advisory Agreements
In June 2023, the SEC released a report to Congress analyzing the use of mandatory arbitration among SEC-Registered Investment Advisors. The report estimated that approximately 61% of SEC-registered advisers serving retail investors incorporated mandatory arbitration clauses into their investment advisory agreements. Arbitration clauses restrict investors’ ability to access the legal system to resolve disputes with…
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Coalition Applauds Congressional Efforts to Restore Consumer Rights
Today, a coalition of consumer advocacy organizations applauded Congressional efforts to restore consumer rights in financial products.
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