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UB Greensfelder LLP

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

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On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

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SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

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The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

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When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

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Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Troutman Pepper Locke

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

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The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

Lathrop GPM

California Appellate Court Rules that Customer Agreed to Franchisor’s Arbitration Requirement in “Clickwrap” Agreement

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A state appellate court in California reversed a superior court’s denial of a massage franchisor’s motion to compel arbitration. Jane Doe #1 (I.G.) v. Massage Envy Franchising, LLC, 2023 WL 8801517 (Cal. Ct. App. Dec. 20,...more

Goodwin

Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

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On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Cruise Liner Class Action

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Plaintiffs filed a putative class action against Norwegian Cruise Lines claiming that Norwegian failed to disclose profits it earned when the plaintiffs elected to purchase travel insurance during the cruise booking process....more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

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A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Carlton Fields

Eleventh Circuit Reverses Order Compelling Arbitration Between Non-Signatories

Carlton Fields on

Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) contracted with F.L. Industries, Inc. “”FLI”), a German company, to provide cold rolling mills (“CRMs”), which are used in the production of certain steel products. FLI...more

Carlton Fields

Tenth And Eleventh Circuits Buck Other Circuits Requiring Higher Showing Of Intent To Delegate Class Arbitrability to Arbitrator

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Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements incorporating the American Arbitration Association (AAA)’s arbitration rules itself...more

Seyfarth Shaw LLP

First Circuit Invalidates Arbitration Clause In Uber’s User Agreement

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Executive Summary and Takeaway. User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier....more

Ballard Spahr LLP

Online Arbitration Agreement Must Be “Reasonably Communicated and Accepted”

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Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company's arbitration clause could not be enforced because it was not "reasonably...more

Stoel Rives - Renewable + Law

Arbitration Clauses in Solar Contracts

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This month, a panel of the New Jersey Superior Court, Appellate Division, ruled that a proposed class action brought by customers of a solar energy company was subject to arbitration. The case, Brian and Ananis Griffoul v....more

Winstead PC

Texas Supreme Court Compels Arbitration For Lender And Disagrees With Fifth Circuit

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In Henry v. Cash Biz, LP, a borrower sued a lender for the lender reporting the borrower’s bad checks to the district attorney’s office. No. 16-0854, 2018 Tex. LEXIS 164 (Tex. February 23, 2018). ...more

Ballard Spahr LLP

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

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In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

Ballard Spahr LLP

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

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In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Ballard Spahr LLP

Second Circuit Denies Rehearing in Key TCPA Case

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Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Bennett Jones LLP

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

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Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review...more

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