On June 20, 2013, the U. S. Supreme Court issued its highly anticipated decision in American Express Co. v. Italian Colors Restaurants. The Court held that there is no "vindication of statutory rights" exception to the landmark ruling in AT&T Mobility LLC v. Concepcion that class action waivers in consumer arbitration agreements are valid and enforceable even if some claims might “slip through the legal system.”

This is a major victory for businesses using arbitration agreements with class action waivers. But you can’t let your guard down. Italian Colors may have the unintended consequence of spurring the Consumer Financial Protection Bureau (CFPB) to expedite its ongoing empirical study of consumer arbitration, the first step to possible administrative regulation.

In this webinar, you will learn about the importance and impact of the Italian Colors decision and the latest on the CFPB’s activities.


  • The background and holding of Italian Colors
  • Whether some courts may still try to find an end-run around Italian Colors and Concepcion by holding the arbitration agreement unconscionable on state law grounds other than the class action waiver 
  • What the CFPB is doing with respect to consumer arbitration and how you can have input in its empirical study 
  • What consumer-friendly features should remain in your arbitration agreement in light of Italian Colors


3:30 PM - 4:30 PM  ET | Webinar


Alan S. Kaplinsky, Practice Leader
Consumer Financial Services Group

Mark J. Levin
Consumer Financial Services Group

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 approved registrants. For more information, contact Lisa M. Prickril at prickrill@ballardspahr.com.

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Program Contact

Lisa M. Prickril