Accepting E-Coupons or Liking General Mills May Require Arbitration, Waive Litigation

If you use a coupon from the internet, “like” a company on Facebook, enter contests, or otherwise connect with a company like General Mills, any dispute that arises may be forced into arbitration — waiving your right to bring a lawsuit in state or federal court.binding-arbitration

Per a report from the New York Times (“When ‘Liking’ a Brand Online Voids the Right to Sue“), General Mills has changed its Privacy Policy (here) noting that its Legal Terms now require all disputes related to the purchase or use of any General Mills product or service to be resolved through binding arbitration.”

The report points to a list of other companies (here) which have similar terms of service including banks/financial service, cable/satellite, and phone providers.

The article points to the 2011 U.S. Supreme Court decision, AT&T v. Concepcion (here), as the authority which allows companies to force consumer suits into arbitration and further permits arbitration clauses to bar class certification.

 

Arbitration Mediation
Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Arbitration Mediation
“I Like Arbitration,” Says Justice Kavanaugh in His First Opinion on Arbitrability (Schein v. Archer & White)

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …

Arbitration Mediation
Drafting Arbitration Agreement in Florida To Reference AAA or Other Arbitration Rules (Adkins v. Memorial Motors)

When drafting an arbitration agreement, a party often may want the matter to be heard by a professional arbitration panel, such as AAA or JAMS. However, from time-to-time, some of these groups have declined to hear matters governed by pre-incident arbitration waivers in consumer agreements. How do you write a …