The March 2020 issue of Consumer Reports contains an article taking strong issue with mandatory predispute binding arbitration clauses in the consumer setting. While the article challenges such clauses in a number of areas, its primary focus is on their use in connection with the retail sale of products ranging from mattresses to washing machines and child car seats.

The article represents the latest in a growing number of criticisms challenging the use of such clauses in consumer contracts. Several years ago, the New York Times carried a series of articles highly critical of such predispute binding arbitration clauses. The series and a related editorial decried Americans “being locked out of court” and called for “a public outcry loud and long enough to stir the White House and Congress to action.” At that time, I wrote about the “ominous clouds of change” following the groundswell of legislative, judicial and other opposition to such provisions.

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