Arbitration

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  • Wells Fargo Loses Arbitration Bids in Overdraft MDL Suits

    Posted By Golomb & Honik, P.C. || 18-Oct-2016

    On Monday, a Florida federal judge held that Wells Fargo cannot force unnamed class members into arbitration in five MDLs in which the institution has been accused of charging overdraft fees in a deceptive manner. According to the judge, ordering the classes to arbitrate would be prejudicial since the bank chose to actively litigate the major class actions. According to the judge, “it would ...
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  • Sunoco Rewards Card Class Action Approved

    Posted By Golomb & Honik, P.C. || 31-May-2016

    U.S. District Judge Paul S. Diamond. Of the Eastern District of Pennsylvania, has denied Sunoco’s request to compel arbitration in a proposed class action lawsuit alleging false advertising of the company’s fuel rewards card benefits. The judge determined that Sunoco was not contractually entitled to arbitration because, although the cardholder agreement does provide for arbitration, ...
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  • Proposed Rule Would Allow Consumers to Sue Banks

    Posted By Golomb & Honik, P.C. || 27-May-2016

    For years now, consumers who use practically any type of financial product, including credit cards, have been unable to file a class action lawsuit against those financial institutions. Instead, consumers have been forced to use arbitration to settle any type of alleged misconduct on the part of the financial institution. Arbitration clauses are generally tucked away in the fine print of contracts ...
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  • Pennsylvania Judges Deny Appeal in Overdraft Fee Lawsuit

    Posted By Golomb & Honik, P.C. || 2-May-2016

    The state Supreme Court will not review a lower court’s decision to allow a class action lawsuit accusing National Penn Bank of improperly assessing overdraft fees. The Court let stand a ruling that found that an updated bank account agreement without an arbitration clause replaces an earlier agreement that required arbitration. National Penn Bank’s request to compel arbitration was ...
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  • Arbitration Study Shows Consumer Class Actions Deliver Cash Relief to More Consumers Than Individual Arbitration

    Posted By Golomb & Honik, P.C. || 15-Mar-2016

    Anecdotally, it has long been believed that pre-dispute, mandatory arbitration clauses have not serviced the consumer well. These are clauses in which the consumer (1) gives up the right to sue in court; and, (2) gives up the right to participate in a class action. That said, there has also been a dearth of data related to these types of clauses. In 2012, however, under Federal law, the Consumer ...
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  • Are Consumers Losing the Right to Sue?

    Posted By Golomb & Honik, P.C. || 4-Dec-2015

    Legal experts were joined by Senator Al Franken and Congressman Hank Johnson to highlight a NY Times investigation which concluded consumers are being stripped of their ability to file class-action lawsuits against more and more companies. Arbitration clauses, tucked away in the fine print, are the latest way companies are circumventing lawsuits and preventing checks on their illegal conduct. ...
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