Tag Archives: California

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First Amendment

Credit
The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”),[1] upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying with a credit card.  In a unanimous decision, a three-judge panel for the Ninth Circuit agreed with the district court that an over 30-year-old … Continue reading this entry

Should Your Consumer Arbitration Clause Be Broader?

Clause
(Tate v. Progressive Finance Holdings, LLC, C.D. Cal. 2017) After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions. Of particular interest are the following unique circumstances: 1) the Judge dismissed rather than stayed the … Continue reading this entry

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under California Law

Credit
In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and unenforceable under California law. Furthermore, the court held that the Federal Arbitration Act (“FAA”) did not preempt this rule of California law … Continue reading this entry