After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Services Industry ,
Motion to Compel ,
Statute of Limitations
California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more
On January 19, a California Court of Appeals issued a decision calling into question the evidentiary value of electronic signatures. Dicta in the opinion directly contradicts a previous ruling in Gamboa v. Northeast Community...more
Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion...more
On September 1, 2020, a district court in the Northern District of California weighed in on an issue of recurring importance in internet commerce: how does a business obtain a remote consumer’s effective agreement to terms...more
9/9/2020
/ Arbitration ,
Auto-Dialed Calls ,
E-Commerce ,
Hyperlink ,
Motion to Compel ,
Putative Class Actions ,
TCPA ,
Telecommunications ,
Telemarketing ,
Terms and Conditions ,
Text Messages