Tuesday, December 22, 2015

Arbitration stinks on ice: latest NY Times investigative article

Consumers are being sued on old debt by debt collectors who purchase receivables. When they tried to sue for illegal practices, courts are enforcing inapplicable arbitration clauses in the original contract. Read it here.

This is cruelly unfair -- exactly the sort of flummery that the late Department of Labor Associate Chief Judge James Guill and I warned about in 1989 Judge's Journal article, "A Rush to Unfairness -- the Downside to Alternative Dispute Resolution."

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