News & Events
The Evolving Arbitration Landscape and its Implications on Consumer Finance Litigation
Location: Westin Michigan Avenue Chicago, 909 N. Michigan Ave.
Date: November 7, 2013
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Raechelle Delarmente Norman and Jeff Topor (Simmonds & Narita, LLP) discuss recent Supreme Court decisions upholding arbitration clauses, including class action waivers, and the growing political opposition to consumer arbitration agreements, at ACA International’s 2013 Fall Forum and Expo in Chicago.
Since the Supreme Court’s seminal decision in AT&T Mobility v. Concepcion, compelling arbitration has emerged as a significant tool for the industry to mitigate class liability, and therefore continues to be a critical battleground for the defense bar. While the Supreme Court continues to pronounce its support of enforcement of class action waivers (American Express Co. v. Italian Colors Restaurant), the CFPB seems to be increasingly hostile towards such provisions in consumer contracts. This session will examine recent cases addressing the enforceability of arbitration provisions, will explore the strategic implications of compelling arbitration and the procedural hurdles to be surmounted, and will review recent regulatory developments that threaten arbitration clauses in the consumer finance context.