Consumerist
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arbitration
Powerful People Want To Hear Your Arbitration Horror Stories
If you've been screwed by arbitration, our consumer and public interest friends in DC would like to hear your story for something special they're cooking up. Arbitration agreements are clauses inside many contracts between companies and yourself that, in the event of a dispute, prohibit you from suing the company in a court of law. Instead, you have to take your case to a special arbitration firm. Arbitration bills itself as a speedy and fair way to resolve legal disputes, but it's come under heavy fire recently for being heavily weighted in favor of companies. If you've gotten the short end of the stick, send your story to arbitration.stories@gmail.com.
(Photo: Getty)
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arbitration, schmarbitration
Washington Upholds ATT Customer's Right To Class Action
In another step towards the impending demise of mandatory binding arbitration, a customer's right to file a class-action lawsuit against AT&T Wireless was upheld by Washington Supreme Court yesterday. More » -
arbitration
Sixth Circuit Overturns Arbitrator Who "Showed A Manifest Disregard Of The Law"
Earlier this week, the Sixth Circuit Court of Appeals overturned an arbitration decision in a dispute between Coffee Beanery and a franchisee. The court found that the arbitrator, hired by the American Arbitration Association, "showed a manifest disregard of the law" by siding with Coffee Beanery. More » -
opinion
Let's Face It: Mandatory Binding Arbitration Sucks
A few days ago a "big business" lawyer wrote an opinion piece in the Wall Street Journal suggesting that those mean old people in the government were trying to take away your right to arbitration. How dare they! More » -
arbitration
Mandatory Binding Arbitration Still Sucks
BusinessWeek has published a pretty substantial cover story on arbitration, and why it disadvantages consumers. Consumerist readers will be familiar with many of the story's criticisms: one study finds 99.8% of arbitration cases are decided in the corporation's favor, some arbitration firms market themselves to companies as a sympathetic and partial judge, the arbitration process is intentionally structured to handicap consumers, and more. More » -
survey says
81% Of Americans Hate Mandatory Binding Arbitration
According to science, even the President is more popular than mandatory binding arbitration. A recent poll shows that Americans hate everything about the extrajudicial resolution system, from its inescapable omnipresence, to its unappealable decisions that rob consumers of their day in court. The poll provides a refreshing contrast to a different study commissioned by the U.S. Chamber of Commerce, which found that Americans love mandatory binding arbitration more than pie. More » -
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lawsuits
Class Action Against Credit Card Companies Conspiring To Make Us All Accept Mandatory Arbitration Revived
Ross vs Bank of America is a class action suit against a pile of banks alleging that they conspired to make all consumers accept mandatory binding arbitration clauses. It got a boost on Friday when the Second Circuit remanded it back to lower courts for further consideration (read the 15 page decision here). The previous court had dismissed the case because it felt plaintiffs couldn't prove actual injury. The Second Circuit reversed, saying, "A card that limits the holder to arbitration is less valuable (all other factors being equal) than a card that offers the holder a choice between court action or arbitration." What did these banks do that was so bad? The plaintiffs claim a broad conspiracy between all the credit card players to institute mandatory arbitration agreements and kill off all non-arbitration agreement cards on the market, a gross violation of antitrust laws. Here's the breakdown: More » -
arbitration
Arbitration Mill Sued By San Francisco
A San Francisco attorney has sued the National Arbitration Forum for being biased towards credit companies and ignoring consumer rights.
In 2004, the suit alleges, California resident Elizabeth Marcotte was hit with a $25,0000 award, plus $10,000 in attorneys' fees, in a credit-card collection case. But Ms. Marcotte allegedly wasn't notified about the arbitration, because she was served at an old address, even though she had notified the credit-card company of her new address. The NAF awarded the attorneys' fees without requiring proof that the debt collector actually incurred the fees, according to the suit. Ms. Marcotte wasn't reached for comment.
NAF is the same company that once decided that a 61-year-old identity theft victim owed $46,000 to a bank she never actually did business with.In another credit-card collection case, the NAF allegedly entered an award against California resident John Sheakley, without responding to his request to appear at a hearing and explain why he didn't owe the purported debt to a bank that was a predecessor of FIA Card Services.
San Francisco Sues Provider of Arbitrators [WSJ via U.S. PIRG Consumer Blog] -
health
Cancer Patient Wins $9 Million From HealthNet In Arbitration Settlement
An arbitrator called HealthNet's practices "despicable" after awarding $9 million to a cancer patient who whose medical coverage was canceled by the company after she was diagnosed with breast cancer.
More »
The award issued by an arbitration judge was the first of its kind and prompted Health Net to announce it was scrapping its cancellation practices that are under fire from state regulators, patients and the Los Angeles city attorney. -
arbitration
Supreme Court Sends "Judge Alex" Back To Arbitration
TV's "Judge Alex" is probably less a fan of arbitration that you'd think, according to CNN. He's been handed a Supreme Court decision that forces him back into the waiting arms of the American Arbitration Association.
The 8-1 decision came in a lawsuit by Alex E. Ferrer, a former Florida Circuit Court judge who decides minor civil disputes as a form of TV entertainment.
More »
Arbitration
New York, 2:24 PM
Sun Nov 23
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