forced arbitration

Freaktography

Trump Administration Will Allow Nursing Homes To Strip Residents Of Legal Rights

The Trump administration has proposed revising a rule that hasn’t even gone into effect yet, with the goal of making sure that nursing home residents and their loved ones can not sue these long-term care facilities in the event that something horrible happens. [More]

Freaktography

Supreme Court Throws Out State Rule Protecting Nursing Home Residents From Having Rights Signed Away

A lot of people in nursing homes have adult children or other trusted people with authority to make financial, legal, and medical decisions on their behalf. However, can folks with power of attorney also sign away someone else’s right to have their day in court? According to the U.S. Supreme Court, yes. [More]

Judge Says Uber Can’t Use “Deficient” Sign-Up Process To Strip Users Of Their Right To Sue

Judge Says Uber Can’t Use “Deficient” Sign-Up Process To Strip Users Of Their Right To Sue

Can Uber use some contractual language that users never actively acknowledge to force wronged customers out of the courtroom and break up class-action lawsuits? Currently, that depends on which federal judge you ask, with yet another court ruling that Uber may not be doing enough to tell users that they are giving up their right to a day in court. [More]

Sen. Al Franken

Congress Set Up For Showdown Over Consumers’ Ability To Sue Corporations

A subject that many Americans don’t even know about — until it’s too late for them to do anything — is now shaping up to be a battleground between lawmakers in both the House and Senate, where two very different sets of legislation will go head to head to determine whether or not companies can strip their customers of their constitutional right to file a lawsuit in court — and their First Amendment right to speak freely. [More]

Uber Driver Claims Company Keeps More Money Than It’s Supposed To

Uber Driver Claims Company Keeps More Money Than It’s Supposed To

When you hail an Uber car, the driver of that vehicle is supposed to get a set percentage of the total fare you pay. However, one driver claims that Uber is breaking its agreement with drivers by basing their cut on an amount that is lower than what the passenger is charged. [More]

Kārlis Dambrāns

Appeals Court Says Samsung Can’t Use In-Box Warranty Booklet To Strip Customers Of Legal Rights

Last week, we used the example of a Stormtrooper Snuggie to show how easy it is for companies to take away customers’ constitutional rights with just a slip of paper placed inside the box. Now a federal appeals court has ruled that Samsung can’t use an in-the-box warranty booklet to derail a class-action lawsuit. [More]

Your New Stormtrooper Snuggie Comes With A Surprise: It Strips You Of Your Right To File A Lawsuit

Your New Stormtrooper Snuggie Comes With A Surprise: It Strips You Of Your Right To File A Lawsuit

Until the other day, Consumerist reader Jeff had completely forgotten about that cute Stormtrooper Snuggie someone gave him for Christmas. When he finally opened the box, there was the Star Wars-themed sleeved blanket, and a slip of paper giving him the bad news: He had, without doing a thing, given up his right to sue the Snuggie’s manufacturer. [More]

House ‘Freedom Caucus’ Asks Trump To Undo 232 Rules On Net Neutrality, Tobacco, Nursing Homes & Ceiling Fans

House ‘Freedom Caucus’ Asks Trump To Undo 232 Rules On Net Neutrality, Tobacco, Nursing Homes & Ceiling Fans

What’s on your wish list this holiday season? For the few dozen members of the House of Representatives Freedom Caucus, the hope to see President-elect Donald Trump undo or revise more than 200 federal rules involving everything from tobacco to food labels to ceiling fans to your constitutional right to bring a lawsuit against your credit card company. [More]

Adam Fagen

Future Looks Dim For Consumer Financial Protection Bureau Under Trump Presidency

On the campaign trail, President-elect Donald Trump made his disdain for the 2010 Dodd-Frank financial reforms clear, leaving many to wonder what a Trump White House would mean for the Consumer Financial Protection Bureau — the financial services regulator created by the 2010 legislation. Now that pieces are beginning to fall into place for the Trump transition plan, the outlook for the CFPB does not appear very bright. [More]

Freaktography

Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction preventing the new rule from being enforced. [More]

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

A large — and growing — number of companies use arbitration clauses in their overlong, legalese-stuffed customer agreements to prevent customers from bringing lawsuits and joining together in class actions, but can that arbitration agreement be used to avoid legal liability for possible violations of federal civil rights law? According to one federal judge, yes. [More]

Michael

New Rules Aim To Make It Easier For Students To Seek Financial, Legal Relief From Failed Colleges

In the last few years, multiple for-profit college chains have closed with little or no warning given to their students, while others remain on the brink of closure. And many of the for-profit schools that remain bar wronged students from ever suing the college in a court of law. Today, the Department of Education finalized the massive overhaul of its “Borrower Defense” rules in an effort to make it easier for students to hold colleges financially and legally responsible for their actions. [More]