Strict Atalese Standard Doesn’t Apply to PDAA Between Sophisticated Parties
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By George H. Friedman, SAA Publisher & Editor-in-Chief

In a case of first impression, the New Jersey Appellate Division holds that the strict “waiver of jury trial” requirement for predispute arbitration agreements (“PDAA”) involving consumers articulated in Atalese and its progeny does not apply to PDAAs between sophisticated parties of relatively equal bargaining positions.

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CA’s Arbitration Statute on Unpaid Arbitration Fees Does Not Require a Finding from the Arbitrator and Applies to Voluntary Arbitration Agreements
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The California statute allowing a consumer to evade an arbitration agreement if a business does not pay its share of arbitration fees does not require an affirmative finding from an arbitrator and applies to voluntary arbitration agreements.

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Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest
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By Harry A. Jacobowitz

A U.S. District Court judge, after issuing an order to compel arbitration, learned he had a conflict of interest and disqualified himself;

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CFPB Sues MoneyLion for Arbitration Clause Use
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Consumer Financial Protection Bureau (“CFPB”) has sued online lender MoneyLion in federal court,

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Consumer Coalition to CFPB Director Chopra: Do Something About Mandatory Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A coalition of over a hundred consumer advocacy groups has written to CFPB Director Chopra,

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It’s Official: CFPB Not Planning to Act on Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Confirming what we teased in June, the CFPB’s recently-released regulatory agenda shows that the agency does not intend to revisit a rule covering arbitration of consumer financial disputes.

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