mandatory-arbitration
—>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 »
—>Another bank is ending mandatory arbitration for their customers. Not just any bank, either—it's Bank of America! More »
—>Score one for the consumer over unfair arbitration. Just last week, Minnesota's Attorney General sued the National Arbitration Forum (NAF) for fraud, false advertising, and deceptive trade practices—and now the company has agreed to pull out of the credit card business entirely. According to the settlement reached on July 17th, "The only business NAF can now be involved with is in arbitrating Internet domain disputes, a business it has long been in." More »
RELATED: Mandatory Binding Arbitration Means Alleged Halliburton Rapists Could Go Free
—>If you step into this Whataburger in Kilgore, Texas, you automatically agree to the burger joint's mandatory arbitration clause. At least that's what the sign on the door says. According to Mother Jones:
Sorey says when he went in, he told a befuddled cashier that he didn't think that the arbitration notice was enforceable, that anyway he wasn't agreeing to it, and, "I need a taquito and a coffee." He says he sat down, watched some traffic, and ate his taquito. "I didn't choke, I didn't burn myself, and I didn't sue 'em," he reports.That's one burger that's hard to swallow. Might choke on your after you read this sign. That's one raw burger. Etc. More »
Like many many companies, Cingular has a little thing in their contracts saying that if you use their service, you void your right to a class action lawsuit and instead have to go through "mandatory binding arbitration," which is basically an extra-judicial corporate court exempt from many of the basic rules and laws and procedures and rights of real court. Well, today, that clause was ruled "unconscionable" by the 9th Circuit Court Of Appeals. Therefore, lawsuits can proceed against Cingular and go to real court, not monkey court. Hooray! More »
Parties to a contract have no obligation to check the terms on a periodic basis to learn whether they have been changed by the other side. Indeed, a party can't unilaterally change the terms of a contract; it must obtain the other party's consent before doing so.... More »
—>According to a study by the Christian Science Monitor, the top 10 most used arbitrators ruled for consumers only 1.6% of the time, as opposed to 38% for those who were not dependent on arbitration fees. More »




