In the year since the U.S. Supreme court issued its landmark opinion in AT&T Mobility v. Concepcion, well over 100 court decisions (even the Ninth Circuit) have embraced its holding that the Federal Arbitration Act (FAA) preempts state laws that invalidate class action waivers in consumer arbitration agreements. But you can’t let your guard down. Some courts (including the Second Circuit) have purported to find grounds for distinguishing Concepcion, and consumer lawyers have continued to press arguments for avoiding its application. Concepcion may also have had the unintended consequence of spurring the Consumer Financial Protection Bureau (CFPB) to begin its long-anticipated empirical study of consumer arbitration, the first step to possible administrative regulation.

In this webinar, you will learn about the key court decisions interpreting Concepcion, the anti-Concepcion arguments that consumer lawyers are casting in the hope of trapping your company in their nets, and the latest on the CFPB’s activities. In particular, we will discuss:

  • Important court opinions broadly applying Concepcion to bar class actions in a variety of consumer and employment contexts
  • The “vindication of rights” argument that persuaded the Second Circuit to limit the application of Concepcion, and the Ninth Circuit’s rejection of that argument
  • Efforts by some courts to find an end-run around Concepcion by holding the arbitration agreement unconscionable on state law grounds other than the class action waiver
  • The ruling of the National Labor Relations Board in D.R. Horton, Inc. that an arbitration agreement required by an employer as a condition of employment that precluded employees from filing joint, class, or collective claims in any forum was a substantive violation of the National Labor Relations Act, notwithstanding the FAA and Concepcion
  • The Supreme Court’s subsequent decisions in CompuCredit Corp. v. Greenwood and Marmet Health Care Center, Inc. v. Brown and how they affect consumer arbitration
  • What the CFPB is doing with respect to consumer arbitration and how you can have input in its empirical study
  • How you can ensure that your arbitration agreement contains all the features needed to protect against consumer lawyers’ relentless assaults on Concepcion

This program is open to Ballard Spahr clients and members of the financial services industry. There is no cost to attend. This program is not eligible for continuing education credits. Please register at least two days before the webinar. Login details will be sent to all registrants.


12:00 PM - 1:00 PM ET | Webinar 


Alan S. Kaplinsky, Practice Leader, Consumer Financial Services Group 
Mark J. Levin, Partner, Consumer Financial Services Group