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Contact Congress: Arbitration Fairness Now!
SEN. FEINGOLD, REP. JOHNSON INTRODUCE MEASURE TO PRESERVE CONSUMER JUSTICE (See photos)
News Reports: Senate Passes Frankin Binding Arbitration Amendment  
   Public Citizen Report - Home Court Advantage
Become involved - Sign Petition: Fair Arbitration Now.com plus, Arbitration Resorces & Latest News

Contracts & Arbitration
Arbitration Impenetrable Roadblock by Business Interest
Saturday, 18 January 2014

When the little guy gets shut out of court
The trend toward mandatory arbitration clauses has been accelerating for years, but attempts to curtail it have run into an impenetrable roadblock from business interests that are understandably eager to stay out of court. Their point might be justified if the arbitration process was fair, transparent and accountable. It is not.

Read more...
 
Forced Binding Arbitration - Builder Get Out Of Jail Free
Thursday, 09 January 2014

 Consumer advocates: Fine print could rob consumers of right to sue
Consumer advocates warn that a provision in an increasing number of consumer contracts robs consumers of their basic right to sue.  Greg Cole said he was forced into arbitration when his homebuilder, John Wieland Homes and Neighborhoods, wouldn't fix construction mistakes to his home in a development in East Cobb. Cole said cracks in walls and ceilings caused leaks that created a mold problem that sickened his family. 

Read more...
 
CFPB Monitor - FTC challenging arbitration
Sunday, 29 December 2013

CFPB Monitor - FTC files amicus challenging arbitration provision
Last year, the DOJ filed an amicus brief in the U.S. Supreme Court in American Express Co. v. Italian Colors Restaurant in support of the merchants who were challenging the class action waiver in American Express’ arbitration agreement.  (The Supreme Court ruled against the merchants in a 5-3 decision.)


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NYTimes Editorial: Binding Arbitration, Courtís favoring powerful corporations
Sunday, 23 June 2013

Another Blow to Class Action
This week, the Supreme Court continued its aggressive effort to favor corporations
 by forcing customers to raise grievances through individual arbitration rather than a class action or some other joint legal challenge...The decision makes it very hard, if not impossible, to stop bad corporate practices because the potential award for an individual would be too small to justify a suit.

Read more...
 
Big Business Forced Arbitratiion - 2011 Supreme Court Ruling
Thursday, 09 May 2013

Forced Arbitration: Killing the Right to Sue Big Companies, One TOS Agreement at a Time  So-called forced arbitration clauses say that in the event of a dispute, you won't be able to file a class-action suit. Instead, your dispute will be settled one-on-one in a private arbitration forum. These clauses are commonly inserted into terms of service agreements, which you must agree to if you want to use the product or service. For years, this practice was prohibited by law in many states. But in 2011 the Supreme Court ruled in AT&T Mobility v. Concepcion that all state laws prohibiting forced arbitration clauses are preempted by the 1925 Federal Arbitration Act. And that opened the floodgates.

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SEC To End Mandatory Arbitration Clauses
Tuesday, 16 April 2013

SEC's Aguilar Calls for End to Mandatory Arbitration Clauses
Such clauses, which are standard in brokerage contracts and often included by registered investment advisers, require any client claim of losses to be settled in binding arbitration instead of the courts. "Investors should not have their option of choosing between arbitration and the traditional judicial process taken away from them at the very beginning of their relationship with their brokers and advisers," Securities and Exchange Commission member Luis Aguilar said in prepared remarks for the North American Securities Administrators Association's annual conference in Washington on Tuesday. "By providing investors with the ability to choose the forum in which to bring their legal claims and protect their legal rights, we enhance investor protection and add more teeth to our federal securities laws."

Read more...
 
Hightower: Binding Mandatory Arbitration Kangaroo Courts
Sunday, 31 March 2013

Hightower: Corporate kangaroo courts supplant our Seventh Amendment rights
Being wronged by a corporation is painful enough, but just try getting your day in court. Most Americans don’t realize it, but our Seventh Amendment right to a fair jury trial against corporate wrongdoers has quietly been stripped from us. Instead, we are now shunted into a stacked-deck game called “Binding Mandatory Arbitration.” Proponents of the process hail it as superior to the courts — “faster, cheaper and more efficient!” they exclaim. All you really need to know about today’s process is that it’s the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory. Let’s look at this mess.

Read more...
 
WARNING: Big Business of HOA Binding Arbitration
Sunday, 19 August 2012

High Court Finds Arbitration Clauses in CC&Rs Enforceable
An arbitration clause in a declaration of covenants, conditions, and restrictions for a condominium process may be binding on a homeowners’ association, even though such an entity did not exist when the CC&Rs were recorded, the state Supreme Court ruled yesterday.

Read more...
 
ANOTHER TERRIBLE BINDING ARBITRATION DECISION FOR CONSUMER
Sunday, 19 August 2012

Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs
...
the California Supreme Court issued a significant opinion ...holding that arbitration provisions in recorded Covenants, Conditions and Restrictions (CC&Rs) are enforceable by a developer unless proven to be unreasonable. ...This decision represents a major victory for developers who can now expect that most of these provisions will be enforced, eliminating the risk of potentially excessive jury verdicts.

Read more...
 
Binding ArbitrationThe Consumer Financial Protection Bureau
Thursday, 10 May 2012

Consumer agency to review mandatory arbitration in financial services
Finally, a spotlight will be shone on a widespread business practice that forces unhappy customers to settle disputes through binding arbitration — rather than by telling their story in court. The Consumer Financial Protection Bureau now is seeking public input about mandatory arbitration clauses in the contracts of financial products and services. More important, the board has the power to limit or even eliminate the clauses if they hurt consumers.

Read more...
 
Consumers expect a fair examination of forced arbitration
Tuesday, 24 April 2012

Got a Credit Card or Bank Account? Scrutiny of Forced Arbitration Is Good News
We expect that any fair examination of forced arbitration will conclude that the practice is devastatingly harmful to consumers. The most critical step, then, will be for the CFPB to ban forced arbitration, ensuring that arbitration is always voluntary for consumers – not a kangaroo court or a tool for law-breaking corporations to insulate themselves from accountability.

Read more...
 
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Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
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