In a growing trend, courts are refusing to let consumers out of arbitration clauses that include an opt-out provision that would have allowed the consumer to reject the clause within the first month or two of the contract. As the judges see it, such a contract cannot be deemed a contract of adhesion because the opt-out provision, if exercised, would allow the consumer to alter the terms. For banks and other regular targets of consumer suits, the rulings are paving the road from the courthouse to the arbitrator's office.
February 12, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a growing trend, courts are refusing to let consumers out of arbitration clauses that include an opt-out provision that would have allowed the consumer to reject the clause within the first month or two of the contract.
As the judges see it, such a contract cannot be deemed a contract of adhesion — in which the consumer was powerless to negotiate any of the terms — because the opt-out provision, if exercised, would allow the consumer to alter the terms.
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