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Tuesday, April 19, 2016


Gregory Gauthier

What interests me about the bill is that it seems broad enough to completely nullify arbitration non-disclosure ("gag") clauses. This is quite a pro-consumer development, given the utter lack of consumer benefit that results from contractual provisions prohibiting consumers from voluntarily telling others, the media, and elected officials about how disputes are arbitrated. It will be interesting to see whether an FAA preemption argument is made in that regard.

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