Consumer Arbitration in the Crosshairs (Again): Individual Public Injunctive Relief Claims and Mass Arbitrations

The use of arbitration clauses in consumer contracts to defend against class action exposure has never been more popular. But there are storm clouds on the horizon. Consumer advocates, state courts and legislatures, and Congress itself are all trying to eliminate consumer arbitration and open the floodgates to a torrent of class actions and public injunctive relief claims. Please join us for this one-hour discussion of what you need to know – and do – to protect your business from the approaching wave of anti-arbitration sentiment. Topics include:

• The recognition by California courts of individual public injunctive relief claims, a way to avoid class action waivers that (so far) has escaped U.S. Supreme Court review
• The growing use of “mass arbitrations” that inundate companies with filing and administrative fees and are being used to extort enormous settlements
• disproportionate to the alleged harm
• The House has voted to prohibit consumer arbitration clauses with class action waivers – will the Senate follow suit?
• Practical strategies that you can implement now to fortify your company’s consumer arbitration program