New Rule Will Stop Many Nursing Homes From Stripping Residents Of Their Right To Sue

Freaktography

As we’ve written about previously, some nursing homes and other long-term care facilities use forced arbitration contracts to prevent their residents bringing a legal action against the home in a court of law. Today, the Department of Health and Human Services issued a new rule that will prohibit long-term care facilities that accept Medicare or Medicaid from forcing residents into arbitration. [More]

Michael J

SiriusXM Subscriber Who Bought ‘Lifetime’ Subscription Files Class Action

What does a “lifetime” subscription mean? When it comes to a SiriusXM device, it means the lifetime of the device for your built-in car radio, and it can be transferable if you have a portable radio. However, a customer who bought his lifetime subscription to satellite radio service SiriusXM over the phone says that he wasn’t told that the subscription was for the lifetime of the device, and was led to belief that the subscription was for his lifetime. [More]

New Owner Of 56 Former Corinthian Colleges Schools Kept Administrators, Teachers

New Owner Of 56 Former Corinthian Colleges Schools Kept Administrators, Teachers

As part of its agreement to purchase more than 56 campuses from failed for-profit education giant Corinthian Colleges, Education Credit Management Corporation agreed to transition the Everest University and WyoTech schools to non-profit status, and generally avoid any of the shady business practices — inflated job placement rates, pushing students into high cost loans — that the former owner was accused of engaging in. Yet, a new report airing on PBS’ Frontline tonight suggests that while the company has worked to turn the schools around, some things — namely personnel — have not changed.  [More]

Appeals Court: Sorry Uber Drivers, You Signed Away Your Right To Sue Company

Uber

Just like a growing number of companies are quietly stripping consumers of their right to a jury trial, so too are employers using workers’ contracts to insert clauses that prevent them from bringing lawsuits in court. Yesterday, a federal appeals court ruled that most Uber drivers signed away their rights to pursue legal action against the company, putting multiple lawsuits — and a potential $100 million class action settlement — at risk. [More]

Lawyer: Employers Should Take Away Workers’ Right To Sue; Arbitrators “Know Where Their Bread & Butter Comes From”

SarahMcGowen

The Consumer Financial Protection Bureau is currently working on rules to stop banks, credit card issuers, and others from forcing customers to sign away their right to a jury trial. Opponents claim that this change will only benefit trial lawyers, but some candid advice from one lawyer shows exactly why these protections are needed — and who really stands to benefit. [More]

Court Throws Out Federal Government’s Lawsuit Over AT&T “Unlimited” Data Plans

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Nearly two years ago, the Federal Trade Commission sued AT&T for allegedly misleading wireless customers by charging them for “unlimited” data plans while simultaneously throttling their cellular connection speeds when they passed certain monthly thresholds. AT&T failed in 2015 to get the case dismissed in District Court, but yesterday succeeded in convincing a federal appeals court to throw out the government’s complaint. [More]

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Judge Rejects $100 Million Settlement Proposal In Uber Drivers Class Action

The man who ended up as the named plaintiff in a lawsuit of Uber drivers in Califoria and Massachusetts is dissatisfied with the proposed settlement of $100 million to be shared among all class members, and it turns out that the judge in the case doesn’t approve of that offer, either. The judge in the case agrees with him, it turns out, and both sides have been sent back to negotiate a new settlement. [More]

Adam Fagen

9-In-10 Big Banks Strip Customers Of Their Right To Jury Trial

If you ask someone on the street if they should have the right to sue their bank over something like an illegal overdraft fee, nearly everyone you speak to will invariably say yes. But a new report confirms that nearly all big banks are forcing customers to give up their right to a jury trial. [More]

inajeep

103 Lawmakers Come Out In Favor Of Revoking Banks’ “Get Out Of Jail Free” Card

In May, the Consumer Financial Protection Bureau proposed new rules for financial services companies that could severely limit their ability to sidestep legal liability by forcing wronged customers out of the courtroom and into the byzantine, unfair world of binding arbitration. Some in Congress recently tacked on some legislative pork to an appropriations bill that would prevent the CFPB from moving forward on these rules, but today more than 100 federal lawmakers came out to commend the Bureau for its efforts. [More]

From Credit Cards To Mail-Order Steaks: 87 Companies That Are Taking Away Your Right To Sue

From Credit Cards To Mail-Order Steaks: 87 Companies That Are Taking Away Your Right To Sue

A recent study by the Consumer Financial Protection Bureau found that even though most Americans have at least one financial product — checking accounts, credit cards, loans, investment accounts — that use forced arbitration clauses to strip the account-holder of their right to sue, very few of us know about these restrictions or understand what they mean. And as the list we’ve compiled shows, it’s not just banks that are playing the “get out of jail free” card with arbitration. [More]

Judge Shreds Uber; Says Company Can’t Prove Riders Are Giving Up Right To Sue

Judge Shreds Uber; Says Company Can’t Prove Riders Are Giving Up Right To Sue

Uber, like a large and growing number of companies, has a clause in its terms of use that prohibits customers from suing the company or joining together in any sort of class action against the ride-hailing service. However, a federal judge recently scolded Uber over this contractual gamesmanship and deemed this particular clause unenforceable because the company can’t prove that users actually agreed to these terms. [More]

Russian Track And Field Athletes Will Stay Banned From Rio Olympics After Appeal Fails

Russian Track And Field Athletes Will Stay Banned From Rio Olympics After Appeal Fails

Russia’s track and field athletes will have to sit out the Rio Olympics this summer, after the Court of Arbitration for Sport denied the country’s appeal, upholding a ban instated by the worldwide governing body for track and field sports, the International Association of Athletics Federations, amid a widespread doping controversy. [More]

Olympics Committee Considering Ban On All Russian Athletes From Rio Games

Olympics Committee Considering Ban On All Russian Athletes From Rio Games

A month after an ongoing doping scandal led to Russia’s track and field athletes being barred from competing in the upcoming 2016 Olympics in Rio de Janeiro, the International Olympic Committee says it is looking into its options for enacting a ban on the entire Russian team. [More]

Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out

Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out

Let’s be honest: just about every single one of us agrees to Terms of Service without ever reading what we’re signing away. It’s no different for craze-of-the-week Pokémon Go, a game with a clause in its terms that strips you of your right to file a lawsuit against the company. However, if you’re one of the many people who just started using the app in the last few days, you still have time to opt out and preserve your constitutional right to a jury trial. [More]

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House Passes Bill Allowing Banks To Continue Using “Get Out Of Jail Free” Card

A few months back, the Consumer Financial Protection Bureau proposed new rules that would limit how banks, credit card companies, and other financial services could shield themselves from legitimate lawsuits by forcing customers to sign away their constitutional rights. Now, the House of Representatives has passed an appropriations bill that, if signed, would stop the CFPB from enforcing these rules and give banks back their “get out of jail free” cards. [More]