Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Arbitration Clauses

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision

By Baldassare Vinti, Jeff Warshafsky, Jennifer Yang, Anisha Shenai-Khatkhate and Jana R. Ruthberg on Posted in Arbitration Clause, Class Actions
This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against fintech company Klarna.  Edmundson v. Klarna,  Inc., Case No. 22-557-cv (2d Cir. Nov. 3, 2023). The panel upheld the enforceability of Klarna’s “click-wrap” mandatory arbitration provision incorporated in Klarna’s terms and … Continue Reading

When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.

By Lawrence Weinstein, Jennifer Yang and James Unger on Posted in Arbitration Clause, Class Actions
In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the face of the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion, 563 U.S. 333, 352 (2011), which invalidated California’s ban … Continue Reading

Cricket Wireless’s Bid to Enforce Arbitration Clause Against Customers Met with Mediocre Reception

By Lawrence Weinstein and Jennifer Yang on Posted in Class Actions
On November 3, 2015, Judge Alsup of the Northern District of California denied Cricket Wireless’s motion to enforce an arbitration clause against customers who say they never saw or agreed to the clause. Plaintiffs allege that Cricket falsely advertised “UNLIMITED 4G/LTE services throughout the United States” when the network was capable of providing that coverage … Continue Reading

Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?

By Lindsey Olson and Victoria Loughery on Posted in Class Actions, Deceptive Trade Practices, Primary Jurisdiction/Preemption
On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action waiver provision.  This decision will allow the plaintiffs to proceed as a class in California state court rather than require them to seek individual … Continue Reading
LexBlog

Proskauer and our platform provider LexBlog each use cookies to personalize content and ads, to provide social media features and to analyze traffic. Each of us also share information about your use of our site with our social media, advertising and analytics partners. If you are happy for us to store these cookies on your device please click 'Accept Cookies.' For more information, please see here and here.

OK