[This was originally published in the author’s blog at the Securities Arbitration Commentator] For those who thought the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), laid to rest any questions about whether the Federal Arbitration Act (“FAA”) preempts state laws barring class action waivers in a consumer predispute arbitration…
By George H. Friedman* Introduction The recent release of the Consumer Financial Protection Bureau’s Final Report to Congress on mandatory arbitration of consumer financial disputes has focused attention on the prevalent use of mandatory, predispute arbitration agreements (“PDAAs”) in consumer transactions. The Report, released March 10th was quite negative about arbitration, foreshadowing regulations to address…