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.

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.

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.

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.

CONSUMER FINANCIAL PROTECTION BUREAU LAUNCHES PUBLIC INQUIRY INTO ARBITRATION CLAUSES
Today the Consumer Financial Protection Bureau (CFPB) launched a public inquiry into how consumers and financial services companies are affected by arbitration and arbitration clauses.

Buyer Had Adequate ‘Clickthrough' Notice of Terms
An AT&T customer will have to arbitrate claims individually, rather than pursue class claims in court, after a federal court decided March 26 that an online “clickthrough” process provided adequate notice of an arbitration agreement.  The plaintiff, Richard Sherman, sought to litigate an overcharge claim against AT&T Inc. in federal district court on behalf of a class...The online registration notice to the plaintiff did not explicitly mention the arbitration clause, the court acknowledged. But it did say, “other conditions and restrictions apply,”

Lets ensure that Forced Arbitration does not fall off the radar!
As previously announced, the Senate Judiciary Committee will be holding a hearing on the Arbitration Fairness Act next Thursday October 13th at 2pm in Dirksen 226.  Democratic witnesses include NACA Member Paul Bland, Minnesota AG Lori Swanson and consumer witness, Dr. Deborah Pierce. Republican Witnesses will include: Christopher Drahozel (click here to see his take on Concepcion and the Arbitration Fairness Act) and Victor Schwartz.

Well Street Journal: Jury Favors KBR in Iraq Rape Trial
A jury in federal court on Friday dispatched a high-profile lawsuit against KBR Inc. brought by a former employee, finding she wasn't sexually assaulted by a co-worker while working for the defense contractor in Iraq in 2005.Jamie Leigh Jones, 26 years old, had claimed she was drugged and subsequently raped by former KBR firefighter Charles Bortz just three days after arriving in Baghdad's Green Zone. She further alleged that KBR, a former unit of Halliburton Co., had defrauded her by concealing the risk of sexual assault at its camp in Iraq, and by including a mandatory arbitration clause in her contract for resolving work-related complaints. Her lawyers had sought $145 million in damages from both defendants.

Jury rejects rape claims against KBR employees
In one of his first acts as a U.S. senator, Minnesota Democrat Al Franken championed the cause of Jamie Leigh Jones, a former KBR/Halliburton worker who claimed she had been drugged and gang-raped by colleagues in Baghdad's Green Zone. With the high-profile victim looking on in the Senate chamber in 2009, Franken won passage of a measure in her name ensuring that military contractors couldn't force victims of sexual assault into arbitration, as opposed to suing.Jones got her day in court, and on Friday, a federal jury deciding her civil suit in Houston decided she was not raped, vindicating a company that charged she had exaggerated or made up her story, in part for fame, publicity and a book deal.

Rep. Hank Johnson, Sens. Franken and Blumenthal Introduce Legislation to Protect Legal Rights of Consumers
"Consumers fighting for fundamental rights against giant corporations deserve their day in court," said Sen. Blumenthal. "This new law would protect countless consumers in Connecticut and around the country from powerful companies that take advantage of them. When individuals have legitimate claims against big corporate interests, they have the right to a level playing field. "