Note, Beyond Unconscionability: Preserving the Class Mechanism Under State Law in the Era of Consumer Arbitration
By , February 8, 2012
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The Supreme Court’s holding in Green Tree FinancialCorp. v. Bazzle stated that arbitrators should determine whether a silent or ambiguous agreement permits class arbitration and that arbitrators should decide whether to certify a class for claims that will be arbitrated. This Note looks at the tools available to consumers to overcome the use of arbitration agreements by defendants as a shield from classwide liability.
