For years, the debate over mandatory arbitration clauses and class-action waivers in consumer financial services contracts has largely focused on questions of consumer protection, access to justice, the validity of class action waivers in arbitration provisions, and the value of class actions as a tool for redressing systemic consumer harm and litigation policy.
Our Consumer Financial Services Group pioneered the use of class action waivers in consumer financial services and other types of contracts. For about 25 years or so, we have encouraged clients struggling with the defense of class actions to implement arbitration provisions as a way of reducing overall litigation costs. Indeed, we became the “go-to” law firm for banks and other consumer financial services providers interested in implementing consumer arbitration provisions. Because of our extensive experience in counseling those firms to deploy arbitration provisions with class action waivers, we also became the “go-to” firm