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Will Congress Kill Mandatory Arbitration In Consumer Finance Transactions?
In 2007, Congress introduced legislation, entitled the Arbitration Fairness Act of 2007, to amend the Federal Arbitration Act (“FAA”) to render unenforceable predispute arbitration provisions in, among other things,…
Legal Developments Affecting Payment Card Data Pass Practices
On-line marketers that share their customers’ credit or payment card information with other business partners without the consumer’s knowledge or active consent – a practice referred to as a “data pass” – may wish to…
Supreme Court to Decide Whether Agreements Barring Class-Wide Arbitration can be Invalidated Under State Law
This week, the Supreme Court granted the certiorari petition of AT&T Mobility LLC (“ATTM”) in AT&T Mobility LLC v. Concepcion, No. 09-893. ATTM’s petition asked the Court to determine whether the Federal Arbitration…
Senate Passes Financial Reform Bill
The Senate last night passed its long-awaited version of financial system regulatory reform legislation, the Restoring American Financial Stability Act. In the coming weeks, each congressional chamber will select a…
RETAILERS: New Colorado Consumer Protection Law Requires Redemption of Gift Cards with a Cash Value of $5 or Less
On April 29, 2010, Colorado Governor Bill Ritter signed a consumer protection bill which requires gift card issuers to redeem the card, upon request, if the remaining value is $5 or less. In addition, it bans…