PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Unconscionability
............Class Action
6 Cards On This Topic:

In some circs, law in Cal. is that class action waivers in consumer contracts of adhesion are unenforceable, whether consumer asked to waive right to class action or right to classwide arbitration—FAA does not preempt Cal. in this.

Arb. clause in employment K was unconscionable where Ps had to sign, were not given translations, clause not initialed, SOL shortened, Ps to pay D's atty fees, and typical employers' claims not included.

Trial court should have stricken ban on group arbitration from JAMS agreement where there were common issues of law and fact and group arbitration would be preferred means of dispute resolution.

Where consumer sued under state consumer protection statute providing unwaivable rights, court implied in the arbitration clause an agreement that unaffordable fees would not be allocated to consumer.

Consumers may challenge predispute arbitration clause as unconscionable if fees to initiate process are unaffordable, and agreement fails to provide consumer an effective opportunity to seek fee waiver.

Discover's arbitration agreement, included in mailed amendment, was unconscionable and unenforceable to extent it prohibited representative or class actions.