Class Actions Blog

Posts Tagged ‘Mandatory Arbitration’

Article in The Hill explains why the new CFPB banning mandatory arbitration is a good thing

Posted on: July 13th, 2017 by Steve Larson

Paul Bland has written an excellent article in The Hill that reviews the background behind the publication of the new CFPB rule banning mandatory arbitration, and addresses the merits and criticisms of the new rule.

Here is the link.  http://thehill.com/blogs/pundits-blog/finance/341472-who-will-gop-lawmakers-stand-with-the-people-or-crooked-bankers.

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U.S. Justice Department switches sides in NLRB case before Supreme Court

Posted on: June 20th, 2017 by Steve Larson

The Department of Justice announced on June 16, 2017 that it will switch sides in a Supreme Court case, dropping its previous support for workers to throw its weight behind management.

The case, NLRB v. Murphy Oil, had held that an employment contract that requires the employee to waive his or her right to bring a class-action lawsuit against the employer violates the National Labor Relations Act.

Read more…

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Judge rejects Wells Fargo’s repeated bids to compel arbitration

Posted on: October 18th, 2016 by Steve Larson

FeeU.S. District Judge James Lawrence King ruled this week that Wells Fargo cannot force unnamed class members’ claims into arbitration in five lawsuits arising out of alleged improper re-ordering of overdraft fees that have been consolidated in multidistrict litigation in Florida.  The ruling came in three cases originally filed by Wells Fargo customers in Oregon, New Mexico, and Washington, as well as two cases that originated in Florida and California over the alleged conduct of Wachovia Bank NA, which Wells Fargo Bank NA later absorbed. Read more…

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Wells Fargo got away with setting up sham accounts for 5 years because of forced arbitration clauses

Posted on: September 21st, 2016 by Steve Larson

fine printAccording to a story published in the Hill, Wells Fargo’s scandalous practice of secretly opening more than 2 million sham deposit and credit card accounts dragged on for at least five years, because Wells Fargo contract provisions blocked consumers from suing the bank in court. Read more…

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Respected US District Judge Jed Rakoff refuses to enforce Uber’s arbitration and class action waiver clauses

Posted on: August 4th, 2016 by Keith Dubanevich

In a strongly worded decision, Judge Rakoff began his opinion by raising suspicion about whether the Federal Arbitration Act could properly be applied in today’s commercial context:

Application of [the federal policy favoring arbitration] to the Internet is said to inhere in the Federal Arbitration Act, as if the Congress that enacted that Act in 1925 remotely contemplated the vicissitudes of the World Wide Web. Nevertheless, in this brave new world, consumers are routinely forced to waive their constitutional right to a jury and their very access to courts, and to submit instead to arbitration, on the theory that they have voluntarily agreed to do so in response to endless, turgid, often impenetrable sets of terms and conditions, to which, by pressing a button, they have indicated their agreement.

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New York Times article suggests forced arbitration clauses (like those in Gretchen Carlson case) protect sexual predators

Posted on: August 3rd, 2016 by Steve Larson

fine printHere is the link to a New York Times article that is critical of the Forced Arbitration Clause in Gretchen Carlson’s Fox News Contract.  http://www.nytimes.com/2016/07/14/business/media/gretchen-carlsons-contract-could-shroud-her-case-in-secrecy.html?ref=business&_r=0

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This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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  • Steve Larson

  • Steve Larson
  • Steve Larson has been representing investors, consumers and employees in class actions in Oregon for over 20 years. He is a shareholder at the law firm of Stoll Berne in Portland, Oregon.
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