First Paragraph
Consumer arbitration has long played a central role in resolving disputes between businesses and consumers, offering an alternative to costly and protracted litigation. Consumer arbitration has become deeply embedded in the American corporate landscape, with one study showing that eighty-one of the Fortune 100 companies incorporated arbitration agreements into their consumer transactions. As arbitration clauses have become increasingly common in consumer contracts, mass arbitration has emerged as a strategic response to class action waivers. Scholars frequently characterize mass arbitration as a “litigation phenomenon.” By utilizing consumer arbitration clauses, corporations increasingly expose themselves to strategic countermeasures by plaintiff attorneys, which include initiating mass filings of arbitration demands.
Recommended Citation
Taylor E. Crowley, Unconscionability in Consumer Arbitration: Interpreting Heckman v. Live Nation and Its Impact on Mass Arbitration, 17 Arb. L. Rev. 134 (2026).