Re: National Arbitration Forum
Posted by Mark on 7/07/04
It depends on what you mean by due process violations. NAF is currently being sued in California for violating California's unfair competition law, Business and Professions Code section 17200 (the UCL) by refusing to comply with California Code of Civil Procedure section 1281.96, which requires private arbitration entities to make certain disclosures to assist individual consumers. (The case was filed in state court but has been removed by NAF to the US District Court for the District of Northern California.) Class actions and representative actions are also being considered for alleged violation of the UCL by implementing and subjecting California consumer litigants to its Code of Procedure, which favors corporate litigants and so- called "repeat players," i.e., corporate entities that use NAF repeatedly. UCL actins are also being considered for financial institutions that have unilaterally imposed on consumers arbitration provisions that require consumers to litigate all claims before NAF.
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