We Have an Arbitration Agreement. Now What?
Be mindful of key issues with enforcing consumer arbitration agreements.
Mark Spatz, Matthew V. Povolny and Nicole Paschal of Cohen & Gresser write: Because the terms of consumer arbitration agreements are generally not negotiable and the agreements themselves are not formed through the typical means of offer and acceptance, courts take great care in analyzing whether an arbitration provision should be enforced against a consumer. Some issues are more easily addressed than others. A company should be mindful of the issues when seeking to enforce the arbitration provision it offers to consumers with its products.
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