Contract Disputes, Consumer Contracts, Financial Services Industry

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Ballard Spahr LLP on 6/10/2025

Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses. The AAA stated that its goal was to...more

Comment letters from consumer advocates bolster case against CFPB rulemaking on post-dispute arbitration clauses

Ballard Spahr LLP on 12/7/2023

We previously reported and released a podcast episode on comments that we and Professor David Sherwyn of Cornell University submitted in opposition to the Petition for Rulemaking filed by a number of consumer advocacy groups...more

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

Bradley Arant Boult Cummings LLP on 2/18/2020

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

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

Burr & Forman on 9/20/2019

In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

Carlton Fields on 9/7/2018

A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more

Contract Disputes › Consumer Contracts › Financial Services Industry

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Comment letters from consumer advocates bolster case against CFPB rulemaking on post-dispute arbitration clauses

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

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