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Abstract

As arbitration agreements have become increasingly commonplace in dealings between large companies and their subscribers, courts have taken a strong interest in protecting consumer rights. As part of this protection, courts have to apply federal statutes, protecting the right to treble damages and recovery of attorney's fees in the context of mass arbitration agreements. The difficulty comes in attempting to allow companies to exercise their freedom of contract while protecting consumers with little bargaining power. Although other courts have largely favored arbitration, and upheld its applicability, a clash remains between consumer protection statutes and the waiver of those statutory rights for arbitration purposes.

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