Consumer Financial Services Contracts and Class Action Waivers
Crafting and Enforcing Waivers in Arbitration Agreements After AT&T Mobility v. Concepcion
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide attorneys with an analysis of the Supreme Court’s Concepcion ruling, its impact on consumer financial services litigation, and proposed legislative and regulatory responses. The panel will prepare attorneys to craft solid class action waivers and enforce waivers in litigation.
- AT&T Mobility v. Concepcion
- Analysis of Court’s ruling
- Impact on class action waivers for consumer financial services contracts
- Legislative and regulatory responses
- Strategies for drafting class action arbitration waivers
- Principle of bilaterality or fairness
- Cost of arbitration
- Location of arbitration
- Choice-of-law clause
- Right of prevailing consumer to recover counsel fees
- Contractual fee-shifting clause
- Limited class action arbitration alternatives
- Best practices for enforcing class action waivers in court
- Reliance on case law enforcing waivers
- Class actions are just procedural devices
- Fee-shifting statutes
- Determining unconscionability at time of contract, not when lawsuit filed
The panel will review these and other key questions:
- Will all class action waivers now be enforced, or will Concepcion be more narrowly applied to arbitration provisions very similar to AT&T’s arbitration provisions?
- What contractual language should practitioners include in consumer arbitration provisions to maximize enforceability in light of Concepcion?
- What are the most effective defense strategies when a class action waiver agreement is challenged?
- What should you expect to see from the Consumer Financial Protection Bureau in terms of regulating arbitration provisions in consumer financial services contracts?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Archis A. Parasharami
Mr. Parasharami has experience litigating the enforceability of arbitration agreements, with a particular emphasis... | Read More
Mr. Parasharami has experience litigating the enforceability of arbitration agreements, with a particular emphasis on consumer contracts. He has advised businesses on drafting arbitration clauses in a wide variety of settings and has co-authored a number of articles on arbitration. He also handles employment matters, and has authored amicus briefs for the U.S. Chamber of Commerce and for a number of businesses.Close
Kevin S. Ranlett
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class... | Read More
Mr. Ranlett is a litigator in the firm’s Supreme Court & Appellate and Consumer Litigation & Class Actions practices. He has represented clients in dozens of class actions in state and federal courts across the country and has litigated cases in trial courts and before the American Arbitration Association. He also has a substantial appellate practice.Close