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Opt-Outs Consumer Contracts

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

Ballard Spahr LLP

Ninth Circuit: Arbitration clause prevails in “true lender” challenge against OppFi

Ballard Spahr LLP on

In a recent unpublished memorandum opinion in a putative class action, Carpenter et al. v. Opportunity Financial, LLC, the U.S. Court of Appeals for the Ninth Circuit upheld an arbitration clause in an agreement governing...more

Ballard Spahr LLP

OppFi Hat Trick: Third Federal Court Upholds Arbitration Clause

Ballard Spahr LLP on

Earlier this month, in Fama v. Opportunity Financial LLC, a Magistrate Judge of the federal district court for the Western District of Washington held that the arbitration provision in OppFi’s installment loan agreement is...more

Ballard Spahr LLP

New study targets arbitration opt-outs in online contracting, but misses the point

Ballard Spahr LLP on

Professor Jeff Sovern, who recently joined the University of Maryland Francis King Carey School of Law faculty, has recently blogged about a forthcoming Study by academicians at other institutions that will be published in...more

Ballard Spahr LLP

Arbitration opt out provisions benefit consumers, Professor Sovern

Ballard Spahr LLP on

For the past decade, Professor Jeff Sovern has criticized companies for including opt out provisions in their consumer arbitration clauses, even though such provisions give consumers freedom of choice by allowing them to...more

Bricker Graydon LLP

CCPA: What is the value of your personal information?

Bricker Graydon LLP on

On October 11, 2019, the California Attorney General released the long-awaited California Consumer Privacy Act (CCPA) proposed regulations. There are a number of interesting provisions in the rules, but businesses will likely...more

Polsinelli

Five Key Takeaways from the Long-Awaited CCPA Regulations

Polsinelli on

The California Consumer Privacy Act of 2018 (“CCPA”) established new privacy rights for California consumers but left many unanswered questions on how businesses should implement the new obligations imposed on them. ...more

Carlton Fields

District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”

Carlton Fields on

In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more

Womble Bond Dickinson

Plaintiff’s TCPA Joyride Comes to a Swift End: Court Tosses Putative Text Message Class Action After Finding Plaintiff Consented...

Womble Bond Dickinson on

TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases. You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case. But sometimes, the play...more

Dorsey & Whitney LLP

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

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