mandatory-binding-arbitration

(cursedthing)

Watch Now The Live Senate Hearing On Whether Forced Arbitration Is Fair
By Ben Popken on October 13, 2011 2:00 PM   74 Comments
Here's a live webcast of the judiciary committee's hearing on mandatory binding arbitration going on right now. The title of the hearing is "Arbitration: Is it Fair When Forced?" Arbitration clauses appear in all sorts of consumer contracts and they mandate that in order to use the product or service, you have to agree to give up your right to sue if anything goes wrong. Originally designed for businesses to expedite disputes with other businesses, binding arbitration clauses are now also a popular way for companies to strip consumers of their basic legal rights. Since the hearing is chaired by Senator Al Franken, you know there's bound to be some good zingers. Pop the popcorn and sit back! More »

(Tim Patterson)

How To Say No To Arbitration With Your Cable Company
By Ben Popken on October 12, 2011 10:00 AM   27 Comments
Here's something neat. Comcast, Time Warner Cable, and Cablevision/Optimum actually let customers opt out of arbitration when they sign up. If you don't want to give up your right to personally sue them in a court of law and be forced into a kangaroo court overseen by a judge whose fees are paid for by the company you're suing, Cablevision will let you. The caveat is that you have to tell them within 30 days of signing your contract. Here's the links and relevant contract language to opt-out: More »

( Jonathon Narvey)

Senators Introduce Bill To Ban Mandatory Binding Arbitration Clauses In Cellphone Contracts
By Ben Popken on October 4, 2011 4:00 PM   89 Comments
When you buy a new cellphone you have to sign a contract where you give up your right to sue. You agree to what's called, "mandatory binding arbitration." This is a bad thing to give to an industry that has high levels of complaints about hidden fees and abusive anti-consumer practices. Because if their crummy customer service fails to remedy an issue, your last resort option is to participate in a kangaroo court system that is paid for out of fees paid by the cellphone companies themselves. So Senators Richard Blumenthal (D-CT) and Al Franken (D-MN) have today introduced The Consumer Mobile Fairness Act that would ban mandatory arbitration clauses in cellphone contracts. More »

(Alan Rappa)

Sony Changes PS3 Terms Of Service To Avoid Class-Action Lawsuits
By Chris Morran on September 16, 2011 12:30 PM   58 Comments
When AT&T recently convinced the Supreme Court that a mandatory binding arbitration clause hidden deep in a customer's terms of service contract was enough to keep said customer from joining a class-action lawsuit against the company, many of us predicted that a number of large companies would follow AT&T's example, adding arbitration clauses to avoid expensive class actions. And it looks like Sony has opted to go that route. More »

(JoshFJoseph)

AT&T: Mandatory Binding Arbitration Actually Benefits The Consumer
By Chris Morran on April 27, 2011 5:30 PM   105 Comments
Earlier today, the Supreme Court ruled that it's okay for companies to effectively preempt class-action lawsuits by putting mandatory binding arbitration clauses into their contracts with consumers. To most of us, that looks like a slap in the face to the American consumer, but the folks at AT&T want us all to know that the Supreme Court decision is actually going to benefit us all. More »

(afagen)

Supreme Court Rules That Companies Can Block Customers' Class-Action Suits
By Chris Morran on April 27, 2011 2:14 PM   186 Comments
In a huge blow to peeved consumers, the Supreme Court ruled earlier today that companies can block customers from joining together in a class-action suit by forcing each complaint into arbitration. More »

(Maks Karochkin)

Mandatory Binding Arbitration Is Almost Dead
By Carey Alexander on July 24, 2010 10:00 PM   44 Comments
A provision buried deep within the recently passed Wall Street reform bill has the power to finally kill off mandatory binding arbitration, one of the more dangerous anti-consumer practices still sanctioned by law. While the bill includes a limited provision banishing arbitration agreements from mortgages and home equity loans, it also gives broad powers to the Securities and Exchange Commission and the new Consumer Financial Protection Bureau to kill off arbitration in all other consumer financial products. More »

T-Mobile Fixes Broken Arbitration Opt-Out Site Our Reader Spotted
By Ben Popken on June 29, 2010 12:00 PM   3 Comments
A little over two weeks ago, tipped by reader Chan, we told you about how buried in T-Mobile's online terms and conditions is a way to opt-out of their mandatory binding arbitration clause, but unfortunately the website where you were supposed to do it was down. We gave their PR guy a heads up and now the site, www.t-mobiledisputeresolution.com, is online. More »

(sprklg)

You Could Opt Out Of T-Mobile's Arbitration Clause... If Their Site Wasn't Broken
By Ben Popken on June 14, 2010 1:10 PM   19 Comments
Consumerist is no fan of mandatory binding arbitration, a clause in many consumer contracts that forces you to give up your right to sue in small claims court and have all disputes resolved by a professional arbitration firm that gets paid directly by the companies. So when I saw that there was an way to opt-out of T-Mobile's arbitration clause online, I was stoked. Then I tried to go there, and the site was broken. Fail phone! UPDATE: T-Mobile Fixes Broken Arbitration Opt-Out Site More »

JP Morgan Chase Yanks Mandatory Binding Arbitration Clause From Credit Card Contracts
By Ben Popken on November 20, 2009 6:48 PM   18 Comments

—>In response to legal and political pressure, JP Morgan Chase is removing the mandatory binding arbitration clause from its credit card contracts. Customers will receive a new member agreement reflecting the change first quarter 2010.  More »

Senate Protects Employee Rights With Forced Arbitration Ban
By Alex Chasick on October 7, 2009 10:31 PM   100 Comments

—>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 »

No Arbitration For Halliburton Sexual Assault Case, Court Holds
By Alex Chasick on September 16, 2009 4:28 PM   81 Comments

—>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 »

USAA: Opt-Out Of Mandatory Binding Arbitration By Closing Your Account
By Laura Northrup on August 28, 2009 2:05 PM   89 Comments

—>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 »

Credit Card Arbitration Cabal Implodes
By Ben Popken on July 27, 2009 8:57 PM   48 Comments

—>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."  More »

Another Arbitration Firm Pulls Out Of Credit Card Arbitration
By Alex Chasick on July 22, 2009 4:15 PM   18 Comments

—>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 »

Minnesota Attorney General Punches National Arbitration Forum In The Face
By Alex Chasick on July 14, 2009 9:44 PM   35 Comments

—>Minnesota has filed a lawsuit against the National Arbitration Forum, alleging fraud, false advertising, and deceptive trade practices.  More »

Arbitration Fairness Act On "All Things Considered"
By Alex Chasick on June 11, 2009 8:07 PM   34 Comments

—>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.  More »

Forced Arbitration: You Can't Sue Us For Discrimination
By Alex Chasick on April 30, 2009 8:42 PM   108 Comments

—>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 »

"We Build In Middle Class Neighborhoods Because You Can't Afford To Fight Us"
By Alex Chasick on April 29, 2009 10:22 PM   190 Comments

—>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 »

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