Charles Schwab Drops Class-Action Ban Clause From Contracts

Charles Schwab Drops Class-Action Ban Clause From Contracts

After AT&T somehow convinced the U.S. Supreme Court that a couple of sentences buried toward the end of a contract that maybe .05% of customers ever think about reading was all that was needed to preempt class-action lawsuits, many large companies have rushed to pack their user agreements and licenses with clauses that force customers into arbitration. But, stuck in a battle with an industry regulator, the folks at Charles Schwab have decided to go another way, announcing that they have gotten rid of the part of their arbitration clause that bans class-action suits… for now. [More]

(afagen)

Supreme Court To Decide Whether Companies Can Use Forced Arbitration To Skirt Federal Laws

It’s been nearly two years since the Supreme Court slapped U.S. consumers across the face, ruling in AT&T Mobility v. Concepcion that companies could take away customers’ rights to class-action lawsuits by including a tiny arbitration clause in user agreements. Today, SCOTUS hears another arbitration case that could shift the balance even further in favor of corporations. [More]

Instagram's new TOS takes away your right to a class-action lawsuit, unless you opt out now.

Here’s How To Opt Out Of Instagram’s New Arbitration Clause

Among the other controversial changes to Instagram’s Terms of Service is a spanking new forced-arbitration clause that, as things do, effectively takes away consumers’ rights to band together in a class-action against the company. Thankfully, you can opt out of the clause in writing before Feb. 15, 2013. [More]

A friendly notice from TWC

Two Class-Action Suits Filed Over Time Warner Cable’s Modem Rental Fee

We had a hunch this would happen when Time Warner Cable unceremoniously gave customers two-weeks notice that they would soon be paying a monthly modem rental fee for equipment that was already installed — the cable company is now a defendant in two identical lawsuits filed earlier today. [More]

(hvoltmer)

eBay Has A Zero-Tolerance Policy For Scammy Sellers (Who Haven’t Figured Out How To Game The System)

Recently we warned eBay buyers that they needed to make sure to complain about possible scams within 45 days or not only are they unable to get their money back, they can’t even leave negative feedback for the seller. We tried to get an explanation from eBay for this seemingly biased policy. Not surprisingly, eBay hasn’t been terribly forthcoming. [More]

Good advice.

American Express Tries To Sneak Forced Arbitration Clause On Users, Gives Until Feb. 15 To Opt Out

It’s the hot new trend in business: Forcing customers into binding arbitration that take away their rights to sue as a group. The latest to latch onto this trend is American Express, which did its best to hide the clause on the final pages of their statements, but which is also giving them until Feb. 15, 2013 to opt out. [More]

(hvoltmer)

Will Opting Out Of eBay Arbitration Clause Get My Account Deleted?

For weeks, we’ve been reminding eBay customers that they have until Nov. 9 to opt out of a new forced arbitration clause in the website’s user agreement that takes away consumers’ right to band together in a class-action suit. We’ve also been hearing concern from people that their accounts will be closed by eBay if they choose to opt out. [More]

(See the sample letter here)

Here Is A Downloadable Template For Opting Out Of PayPal Arbitration Clause

We already told you that perennial Worst Company In America heavyweight PayPal added a clause to its user agreement that forces customers with legal complaints into mandatory binding arbitration and takes away their right to band together in a class action. You can opt out of the clause by sending a very specifically formatted letter; luckily there’s now a template. [More]

With PayPals like this, who needs enemies?

PayPal Slips Forced Arbitration Clause Into User Agreement; Gives You Until Dec. 1 To Opt Out

As we’ve mentioned before, eBay recently changed its terms of service to include a mandatory binding arbitration clause that effectively takes away customers’ rights to pursue class-action lawsuits against the company. So it should come as no surprise that eBay subsidiary (and perennial Worst Company In America contender) PayPal has added a similar clause to its user agreement. But just like the eBay clause, users do have a short window to opt out. [More]

Senate Protects Employee Rights With Forced Arbitration Ban

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.

No Arbitration For Halliburton Sexual Assault Case, Court Holds

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.

Bank Of America Leaves Mandatory Arbitration Behind

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!

Another Arbitration Firm Pulls Out Of Credit Card 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.

Minnesota Attorney General Punches National Arbitration Forum In The Face

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.

Arbitration Fairness Act On "All Things Considered"

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.

http://consumerist.com/2009/05/05/the-house-subcommittee-on-commercial/

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.

Forced Arbitration: You Can't Sue Us For 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.

"We Build In Middle Class Neighborhoods Because You Can't Afford To Fight Us"

"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.