Arbitration Archives

Slip Opinion in Kauders v. Uber

January 4, 2021

The court concluded that there was no enforceable agreement between Uber and the plaintiffs, and therefore the dispute was not arbitrable.

Coalition Letter Supporting Introduction of the Forced Arbitration Injustice Repeal (FAIR) Act

May 28, 2019

The undersigned organizations strongly support the Forced Arbitration Injustice Repeal(FAIR) Act. This important legislation would prevent corporations from forcing workers,consumers, and small businesses to resolve disputes in private, company-controlled arbitrationsystems, even when that company has engaged in illegal misconduct.

Amicus Brief: Kauders v. Uber Technologies and Rasier LLC

August 21, 2020

NCLC and Public Justice filed an amicus brief urging the Massachusetts Supreme Court to confirm that Massachusetts has just one test for contract formation—whether that contract includes a forum selection clause, an arbitration clause, neither, or (as here) both, and whether the contract was purportedly formed on a computer, using a smartphone, or in the increasingly old-fashioned manner of a signed paper document. Neither Cullinane nor Ajemian applied a heightened notice or reasonableness standard. Rather, they both correctly applied the single unitary standard for forming a contract under Massachusetts law—a standard that Uber’s rider registration interface fails to meet.

Amicus Brief in Rent-A-Center, West, Inc v. Jackson

March 31, 2010

Brief of the National Consumer Law Center and Consumer Action in support of Antonio Jackson.

Amicus Brief in China Agritech, Inc. v. Resh

February 28, 2018

The Supreme Court held that “the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action.” The question presented in this appeal was whether the plaintiffs, whose individual claims were…

Amicus Brief in AT&T Mobility v. Concepcion

October 6, 2010

Amicus brief of the Legal Aid Society of the District of Columbia and national consumer advocacy organizations in support of the respondents.

Model State Act Limiting Arbitration

January 17, 2017

Much attention is now being paid to the expanded use of forced arbitration clauses in employment and consumer contracts, the attendant harms to consumers and employees, and the possibility of federal intervention. Recent media attention has highlighted the harms that arbitration inflicts on Americans every single day. And a flurry of federal activity (both congressional…

Access to Justice

NCLC works to reduce these obstacles so that consumers can pursue justice through the court system.

Advocates Applaud House Passage of the FAIR Act

March 17, 2022

The FAIR Act would restore access to the courts for consumers, servicemembers, workers, and small business owners harmed when they shop at, bank with, borrow from, work for, or do other business with companies that violate the law.

Bipartisan Legislation in Congress Would Ban Forced Arbitration Clauses that Protect Sexual Predators

July 15, 2021

FOR IMMEDIATE RELEASE: July 15, 2021 Washington, D.C. – Advocates at the National Consumer Law Center applauded bipartisan and bicameral legislation announced yesterday by U.S. Senator Kirsten Gillibrand (D-NY), Senator Lindsey Graham (R-SC) and Dick Durbin (D-IL), chair of the Senate Judiciary Committee, along with U.S. Representatives Cheri Bustos (D-IL), Morgan Griffith (R-VA) and Pramila…

Letter in Support of the Forced Arbitration Injustice Repeal (FAIR) Act

February 11, 2021

Group letter to the Committee of the Judiciary of the U.S. House of Representatives in support of the Forced Arbitration Injustice Repeal (FAIR) Act

Advocates Applaud Bill to Restore Access to the Courts and End Forced Arbitration