Do you think a consumer website can arbitrate disputes? Maybe not without prior approval

Originally published by Peter S. Vogel .

The American Arbitration Association (AAA) changed its Consumer Arbitration Rules effective Sept. 1, 2014 and now requires AAA pre-approval and annual renewal for Terms of Service that obligate consumers to arbitrate disputes. According to the AAA, “contracts that typically meet the criteria for application of these Rules, if the contract is for personal or household goods or services and has an arbitration provision, include, but are not limited to the following:”

• Credit card agreements


• Telecommunications (cell phone, ISP, cable TV) agreements


• Leases (residential, automobile)


• Automobile and manufactured home purchase contracts


• Finance agreements (car loans, mortgages, bank accounts)


• Home inspection contracts


• Pest control services


• Moving and storage contracts


• Warranties (home, automobile, product)


• Legal funding


• Health and fitness club membership agreements


• Travel services


• Insurance policies


• Private school enrollment agreements

To learn more about the AAA rules please see the Gardere Client Alert entitled “AAA Changes Arbitration Rules for Websites that Sell to Consumers.”

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