News & Analysis as of

Consumer Protection Laws Dispute Resolution

Orrick, Herrington & Sutcliffe LLP

District court finds written dispute not needed for FDCPA claim

On August 12, a federal judge in a Georgia district court denied a debt collector’s motion to dismiss an FDCPA lawsuit, holding that the consumer was not required to submit a dispute in writing to allege a violation of...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

Husch Blackwell LLP on

On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

A&O Shearman

UK FCA appoints new interim chair of FOS

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The UK Financial Conduct Authority (FCA) has announced the appointment of Liam Coleman as interim Chair of the Financial Ombudsman Service (FOS), effective from 10 October...more

A&O Shearman

Mansion House: HMT consultation on FOS and joint FCA and FOS consultation on modernising the financial redress system

A&O Shearman on

HM Treasury (HMT) has published a consultation paper setting out proposed reforms to the UK Financial Ombudsman Service (FOS), in tandem with the joint UK Financial Conduct Authority and FOS consultation paper (CP25/22) on...more

K&L Gates LLP

No One Wants to Dispute with Consumers–End of the European Online Dispute Resolution Platform (ODR Platform)

K&L Gates LLP on

Under the Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (ODR Regulation) traders established in the European Union (EU) who sell or offer products or services online to consumers residing in...more

Hudson Cook, LLP

Not All Third Parties Are Created Equal

Hudson Cook, LLP on

Motor vehicle purchase and finance transactions are rarely simple, even if they're routine from the perspective of the businesses involved. The typical motor vehicle retail installment transaction features the buyer, the...more

Cooley LLP

UK Civil Justice Council Publishes Review of Litigation Funding

Cooley LLP on

The Civil Justice Council (CJC) has published its highly anticipated final report on the regulation and development of litigation funding in England and Wales. This comprehensive report addresses the implications of the UK...more

Fenwick & West LLP

AAA Implements New Arbitration Rules and Mediation Procedures

Fenwick & West LLP on

On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more

Blank Rome LLP

California Supreme Court Hears Oral Argument on 30-Day Arbitration Fee Rule: Key Takeaways from Hohenshelt

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In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in...more

Hogan Lovells

UK reform of litigation funding – CJC issues Final Report recommending sweeping reforms

Hogan Lovells on

The Civil Justice Council (“CJC”) is a statutory advisory public body tasked with reviewing the civil justice system and making recommendations on its development. Its Final Report responds to the previous government’s...more

Orrick, Herrington & Sutcliffe LLP

Nevada regulates consumer lenders doing business remotely

On May 28, the governor of Nevada approved SB 437, establishing requirements for consumer lenders operating outside the state over the internet. Under the new law, an “Internet consumer lender” is defined as an entity that...more

Blake, Cassels & Graydon LLP

Cinq tendances récentes en matière de règlement des actions collectives au Québec

Les actions collectives constituent un mécanisme juridique essentiel au Québec, et les tendances récentes montrent une évolution marquée des modalités de règlement. Voici cinq principaux développements récents en matière de...more

Kilpatrick

California federal court compels arbitration based on a modified sign-in wrap agreement

Kilpatrick on

Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more

Hogan Lovells

IVASS final rules for the implementation of the Italian Insurance Arbitrator’s proceedings

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Following a public consultation, IVASS has finalized the technical rules implementing Italy's new Insurance Arbitrator, an out-of-court dispute resolution system aimed at enhancing consumer protection in the insurance sector....more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit allows putative class action to proceed after defendant fails to register arbitration clause with administrator

On May 21, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court’s denial of the defendant’s motion to compel arbitration in a lawsuit against a credit union over alleged improper fees charged to the...more

Jackson Lewis P.C.

Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

Jackson Lewis P.C. on

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures...more

McGlinchey Stafford

AAA Overhauls Its Consumer Arbitration Rules

McGlinchey Stafford on

On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

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

Bennett Jones LLP

British Columbia Bill 4 Targeting Class Action Waivers and Arbitration Clauses Receives Royal Assent

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On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA)...more

Kilpatrick

5 Key Takeaways | Advertising Counseling, Substantiation, and Disputes 101

Kilpatrick on

Kilpatrick hosted a webinar on May 8, 2025, focused on advising lawyers about the legal issues involved with advertising claim substantiation and handling advertising disputes. The event featured Kilpatrick lawyers Barry...more

JAMS

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

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In this podcast, JAMS neutrals Peter Kamminga, Esq., Ph.D., and Jeffrey Grubman, Esq., discuss the rise in financial scams targeting consumers and the various ways in which those scams typically take shape, including...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

ArentFox Schiff on

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

A&O Shearman

UK FOS new charging structure applied

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The UK Financial Ombudsman Service (FOS) has updated its webpage confirming that the new charging structure, which includes charges for professional representatives referring cases, now applies. The changes have been made in...more

DLA Piper

Mitigating Risks for Banks, Fintech Companies, and Payment Processors

DLA Piper on

Emerging issues under the Electronic Fund Transfer Act, Regulation E, and the UCC - As banks, fintech companies, and payment processors continue to innovate and partner on payment and wallet solutions, they must navigate the...more

Proskauer Rose LLP

6 Reasons Why Arbitration Offers Equitable Resolutions

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On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

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