To Litigate or Arbitrate - No Matter - The Credit Card Industry Is Deciding for You

Authors

Johanna Harrington

Abstract

This Comment posits that consumers lose their legal protections in the credit industry when arbitration policies are favored over consumer credit protection policies. Part II will examine the language of credit card arbitration clauses including a discussion of the circumstances under which a credit card holder might bring a claim. Part III will discuss barriers to challenging the arbitration provisions. Part IV will summarize how the courts have addressed mandatory arbitration clauses in credit cards. Part V will examine traditional consumer credit protection laws, specifically whether the Truth-in-Lending Act is able to protect consumers from mandatory arbitration clauses. Finally, Part VI will address legal reform and whether that is a viable solution.

Recommended Citation

Johanna Harrington, To Litigate or Arbitrate - No Matter - The Credit Card Industry Is Deciding for You, 2001 J. Disp. Resol. (2001)
Available at: https://scholarship.law.missouri.edu/jdr/vol2001/iss1/7