Although courts have upheld class arbitration waivers–contract clauses requiring arbitration but prohibiting class treatment of claims in the arbitration–under some circumstances, the trend seems to favor striking them down as unconscionable or void as against public policy, especially in consumer contracts where any individual dispute is likely to involve only small amounts of money. The latest decision supporting that trend came today from the Supreme Court of Washington. The opinion is the second from the Washington high court holding a class arbitration waiver provision invalid.
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[...] blogs, including the Consumerist, Tech News, and LawMemo commented on the Washington Supreme Court’s decision last week holding a class arbitration waiver [...]
Washington Supreme Court finds class action ban unconscionable: McKee v. AT…
In McKee v. AT…