Arbitration

Wells Fargo Tries to Enforce Mandatory Arbitration in Phony Accounts Litigation

San Francisco-based Wells Fargo Bank (WFC), one of the largest banks in the US, is trying to push its customers to resolve the lawsuits that they are bringing over the opening of unauthorized accounts through private arbitration, instead of in a courtroom, according to legal documents filed Wednesday. The bank asked the US District Court in Utah to order dozens of customers to settle their …


Where Are We With Enforceability of Class Action Waivers in Arbitration Agreements?

With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class or collective actions against their employer. This issue will almost certainly reach the Supreme Court given the deepening divide and the Court’s …



Airbnb’s Terms of Service Just Blocked a Racial Discrimination Case

Today in DC District Court, Airbnb successfully blocked a proposed class action alleging racial discrimination on the company’s platform. The lawsuit alleged systematic discrimination by Airbnb hosts, enabled by various design choices made by the company. But after today’s decision, there won’t be a public ruling on the discrimination itself.


Appeals Court to Decide Whether AT&T Will Face Class-Action Over Throttling

A federal appellate court in California has agreed to decide whether consumers can proceed with a class-action lawsuit against AT&T over the company’s data-throttling practices. The 9th Circuit Court of Appeals announced on Thursday that it would hear the consumers’ appeal of a trial judge’s decision to send the case to arbitration. The legal dispute dates to 2014, when three California …


Uber Comes Out on Top in Appeals Court Decision

The U.S. Court of Appeals for the 9th Circuit has found that Uber’s arbitration agreements with its drivers are legal and binding. The decision partially reversed and partially affirmed a decision made in federal district court. “The panel held that the district court erred in assuming the authority to decide whether the parties’ arbitration agreements were enforceable,” the court …




Members of Congress Want Safe Harbor Provision in CFPB’s Final Arbitration Rule

The leaders of a Congressional subcommittee are urging the Consumer Financial Protection Bureau to include a safe harbor provision in its final set of rules prohibiting arbitration clauses that prevent class action lawsuits. U.S. Reps. Randy Neugebauer, R-Texas, who chairs the House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer …


Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements

Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements At the end of 2015, Governor Jerry Brown vetoed AB 465, which would have banned mandatory arbitration agreements in the employment setting, including arbitration agreements with class action waivers. As many employers know, including a class action waiver in an arbitration agreement or clause has been a great …