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The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to...
As previously discussed, courts continue to disagree over the enforceability of mandatory arbitration provisions containing class action waivers set forth in benefit plans governed by...
Sixth Circuit decision rejected argument that Class Action Fairness Act CAFA overrides Federal Arbitration Act, precluding enforcement of class action waiver provisions in consumer contracts. Court found no congressional intent to displace FAA.
TCPA cases remain subject to arbitration in most instances and companies should consider using such clauses–complete with class action waivers–to avoid the need to defend expensive class action lawsuits.
President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The #MeToo-inspired bill is intended to allow sexual assault and sexual harassment survivors to have their day in court.