Consumerist
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victories
Senate Protects Employee Rights With Forced Arbitration Ban
Yesterday, the Senate adopted an amendment that will prevent federal funding from going to any contractor that requires its employees to use mandatory binding arbitration, instead of court, for sexual assault and civil rights claims against the company. More » -
forced arbitration
No Arbitration For Halliburton Sexual Assault Case, Court Holds
A woman who was allegedly raped while working for Halliburton/Kellogg Brown & Root in Iraq will have her civil claims heard in court, not by a company-selected arbitrator, thanks to a ruling by the Fifth Circuit Court of Appeals. More » -
craptops
Dell Customer Says Company Replaced His Broken Laptop With Cheaper One, Won't Make Good
Feisty Dell laptop purchaser Elijah says he bought a Dell laptop that failed him, and when Dell warrantied it out it sent an inferior one in its place, saying it had comparable functionality. As this replacement laptop has a smaller screen and a weird haunted keyboard that presses Ctrl all on its own, Elijah doesn't agree. More » -
mandatory binding arbitration
USAA: Opt-Out Of Mandatory Binding Arbitration By Closing Your Account
The "credit union on steroids" has gone to mandatory binding arbitration for all disputes, removing customers' ability to successfully sue them if things go wrong. Previously, USAA had arbitration as an option, but allowed members to opt out. Now, if you want to opt out of arbitration, you'll have to close your accounts. More » -
bank of america
Bank Of America Leaves Mandatory Arbitration Behind
Another bank is ending mandatory arbitration for their customers. Not just any bank, either—it's Bank of America! More » -
arbitration
Arbitration May Be Dead, But Courts Offer Imperfect Alternative
Last month, the Minnesota Attorney General brought an oppressive arbitration regime to its knees. Nation Arbitration Forum handled over 200,000 arbitrations per year. But many of those cases will end up in the 50 states' district courts, where consumers may fare no better. More » -
victories
Credit Card Arbitration Cabal Implodes
The arbitration rollback continues apace! Last Thursday, JPMorgan Chase announced it won't send disputes to arbitration and is rethinking putting the clauses in its consumer contracts. Coming on the heels of news that NAF and AAA will stop arbitrating consumer credit card disputes, Creditcards.com wrote, "Two more supporting beams have crumbled and now, with astonishing speed, the entire edifice of the mandatory credit card arbitration system is collapsing."
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forced arbitration
Another Arbitration Firm Pulls Out Of Credit Card Arbitration
Just days after the National Arbitration Forum agreed to stop arbitrating consumer credit card disputes, the American Arbitration Association has decided to do the same. This is good, but passage of the Arbitration Fairness Act is still necessary. More » -
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lawsuits
Minnesota Attorney General Punches National Arbitration Forum In The Face
Minnesota has filed a lawsuit against the National Arbitration Forum, alleging fraud, false advertising, and deceptive trade practices. More » -
art
Thomas Kinkade, Painter Of Crap, Must Pay $2.1 Million To Former Gallery Owners
Thomas Kinkade calls himself the "Painter of Light," and allegedly uses his "faith" to lure in investors to his gallery business. Now two former gallery owners have won a judgment from Ninth U.S. Circuit Court of Appeals that forces Kinkade to abide by a 2007 arbitration decision that awarded the former owners $860,000 in damages and more than $1.2 million in attorneys' fees and arbitration expenses. Ouchy. More » -
forced arbitration
Arbitration Fairness Act On "All Things Considered"
The perils of forced arbitration and the need for the Arbitration Fairness Act were recently featured on an NPR piece. The story discusses the case of Jamie Leigh Jones, the former Halliburton employee who was gang raped in Iraq by her coworkers, then was sent to arbitration when she tried to sue her employer. More » -
The House Subcommittee on Commercial and Administrative Law is currently holding a hearing on forced arbitration and credit cards, appropriately titled "Federal Arbitration Act: Is the Credit Card Industry Using It To Quash Legal Claims?" Our friends at Public Citizen will be testifying. You can view (or at least listen to) the Real Player stream here.
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employment discrimination
Forced Arbitration: You Can't Sue Us For Discrimination
Besides banning forced arbitration in consumer and franchise contracts, the Arbitration Fairness Act bans mandatory binding arbitration clauses in employment contracts. John's story illustrates why this is necessary, inside. More » -
arbitration
"We Build In Middle Class Neighborhoods Because You Can't Afford To Fight Us"
Meet Michelle. We met Michelle at Arbitration Fairness Day and she told us about being forced into arbitration when she tried to get her poorly constructed home repaired. Now she'd like to share her story with you. More » -
arbitration
Forced Arbitration: You Lose, Now Pay For Our Lunch
Mandatory binding arbitration, which corporations use to dodge accountability for their discrimination, negligence, or harassment, is a caricature of justice that offers no protection to consumers or employees. It's also terrible for small business owners, as one couple found out. More » -
mandatory binding arbitration
Forced Arbitration: As Fair As A Sucker Punch
We at Consumerist really hate mandatory binding arbitration, the faux-legal sucker punch that companies deliver when they screw up and you try to sue, and so should you. We've talked about its evils a lot, but no one can describe this legal abomination as well as the victims themselves, so this week we'll let them speak. More » -
pre-emption
Supreme Court Rules For Injured Consumer In Big Pharma Case
The Supreme Court ruled 6-3 in favor of Diana Levine in Wyeth v. Levine. Levine, a musician, had her arm amputated when an anti-nausea drug was improperly administered in her artery, and sued the manufacturer for failing to warn of the risks on the drug's label. Wyeth claimed that her case was pre-empted by federal law. More » -
arbitration
Mandatory Binding Arbitration Isn't Just Bad For Consumers, It's Bad For Small Businesses
Mother Jones has an excellent writeup of Deborah Williams and Richard Welshans, the Maryland couple whose horrific experience with franchising a Coffee Beanery we've covered before. Inside, MoJo breaks down the arbitration award to show just how much more expensive arbitration is than litigation. More »
arbitration
New York, 4:19 AM
Sun Nov 15
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