Timeline for Can Class Action Waivers actually be enforced?
Current License: CC BY-SA 4.0
12 events
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| Dec 8, 2022 at 23:42 | comment | added | David Siegel | Thank you for the cite. I don't object to criticism, and this is now much more of an answer. It may be that my answer is in fact incorrect, or more exactly is a valid answer to a different question. I have no issue with anyone pointing out such an error. The rep requirement for comments sometimes is counterproductive, although there are some good reasons for it. | |
| Dec 8, 2022 at 23:07 | comment | added | Mike S | There's your citation, and I cannot comment on your answer because of the silly reputation requirement. I've removed the criticism, but your answer remains incorrect. | |
| Dec 8, 2022 at 22:42 | comment | added | David Siegel | If you think that there is a better answer, please write it up as an answer. If you wish to criticize an existing answer, that should be done in a comment, not a post labeled as an answer theist does not itself attempt to answer the question. also "Source: a practicing antitrust lawyer" is not a useful citation, because there is no way for a reader to verify it. Please cite actual sources. | |
| Dec 8, 2022 at 22:32 | comment | added | Mike S | Epic Systems is irrelevant to the analysis, as it was decided under the FAA, and the FAA does not apply absent arbitration. My answer remains correct. Texas law governs, and while Texas may not prohibit "naked" class waivers, as suggested by ohwilleke, there are myriad reasons why that clause may or may not be enforceable, which will be specific to OP's circumstances. | |
| Dec 8, 2022 at 22:15 | comment | added | David Siegel | Epic Systems cited above was a challenge to a class action waiver. Class action waivers are often combined with arbitration agreements. See also en.wikipedia.org/wiki/Class_action_waiver Note sl;so that the ordering of answers is not fixed, so "the answer above" is not a useful designation, instead link or identify by author. Also, this is a comment on another answer, not a valid answer itself. | |
| Dec 8, 2022 at 21:42 | comment | added | Mike S | The clause cited is a class action waiver, not an arbitration agreement. The FAA does not apply, and none of the cases interpreting the FAA apply. The validity of that clause is governed by Texas contract law. Source: Bonanno v. Quizno's Franchise Co., LLC, No. CIV.A06CV02358CMAKLM, 2009 WL 1068744, at *17 (D. Colo. Apr. 20, 2009) (law governing naked class waiver is state contract law). | |
| Jun 17, 2020 at 8:31 | history | edited | CommunityBot |
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| May 8, 2019 at 15:42 | vote | accept | miltonaut | ||
| May 5, 2019 at 7:18 | comment | added | David Siegel | One could respond, counter-offering to sign the lease without the waiver of class-action rights. The landlord will probably not accept this, but it is an option. | |
| May 5, 2019 at 5:24 | history | edited | David Siegel |
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| May 4, 2019 at 21:02 | answer | added | David Siegel | timeline score: 5 | |
| May 4, 2019 at 16:52 | history | asked | miltonaut | CC BY-SA 4.0 |