This article describes seven of the biggest mistakes consumer litigants make in responding to arbitration provisions.
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Lobby day participants also urge lawmakers to nominate federal judges with consumer law experience.
Read More about Consumer Advocates Demand Congress End Forced Arbitration
NCLC signed on to a letter supporting the Forced Arbitration Injustice Repeal (FAIR) Act, which restores consumers’ day in court. The Act would give workers, consumers, servicemembers, ordinary investors, small businesses, and others the freedom to seek accountability in court when they are harmed.
Read More about Letter Supporting the Forced Arbitration Injustice Repeal (FAIR) Act
The FAIR Act would end corporations’ use of forced arbitration and give cheated consumers, workers, and small-business owners their day in court.
Read More about Sen. Blumenthal, Rep. Johnson Reintroduce Legislation to Restore Access to Justice
The new American Arbitration Association (AAA) consumer arbitration rules went into effect in May 2025. The AAA consumer arbitration rules offer multiple opportunities for consumers to avoid an arbitration requirement and to bring an individual or even a class case in court. That the AAA rules allow this has a significant practical impact on consumer…
Read More about Digital Library: Using the AAA’s Rules to Defeat Arbitration Requirements
The FAIR Act would ensure that consumers, workers, and small businesses have access to the court system when they are harmed.
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…
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…
Read More about Arbitration-Focused Comments on CFPB's Proposed Overdraft Fee Rule
This class action complaint, filed in late 2023, seeks damages and injunctive relief against an attorney and a junk debt buyer and debt collector challenging their practices of misleadingly and inaccurately asserting amounts due in debt collection attempts to consumers and in small claims court, including collecting amounts that were not actually due.
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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,…
Read More about Digital Library: 75 Ways to Challenge an Arbitration Requirement
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…
Today, a coalition of consumer advocacy organizations applauded Congressional efforts to restore consumer rights in financial products.
Read More about Coalition Applauds Congressional Efforts to Restore Consumer Rights
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