Several times in the recent weeks courts have limited the ability of companies to forbid class actions in arbitration agreements. You can read about one a few days ago here which discusses the recent opinion by the First Circuit Court of Appeals.
The United States Court of Appeals for the Eleventh Circuit has become the latest court to hold that an arbitration clause that contains a waiver of a consumer’s right to bring a class action may be unconscionable if its application would effectively prevent consumers from vindicating their rights.
It may be that the tide is turning so that if consumers are required to arbitrate, at least we will have all of our rights including the right to potentially bring class actions within arbitration.
We had an earlier post describing a decision back in August – you can read it by clicking here.
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