Keeping Them Honest: Advice for Concerned Citizens

January 18, 2017

  On Friday, January 20, Chief Justice John Roberts will administer the Oath of Office, and Donald J. Trump will become the 45th President of the United States of America.  Although Mr. Trump lost the popular vote (by nearly 3

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How Do We Stop Big Banks Like Wells Fargo from Avoiding Liability for Fraud?

September 23, 2016

  Over the past five years, Wells Fargo opened more than 2 million bogus deposit and credit card accounts in its customers’ names without their knowledge or consent.  The practice let the company reap millions by charging its customers unwanted

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The Chamber of Commerce Continues its Attack on Individual Consumers… How You Can Help Stop It

September 21, 2015

Over a period of time, we here at Wexler Wallace have noticed that it’s becoming increasingly difficult for consumers to get a fair shake. From mandatory binding arbitration clauses, more difficult standards for certifying class actions, and proposed bills to

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Marriage Equality Wins

June 29, 2015

I was late to work on Friday. Not because I couldn’t find a taxi, or the dogs were lagging on their morning walk. In fact, I had already started working around 8:30 a.m. on my patio—pot of coffee made, laptop

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Defense Can’t Have it Both Ways: Plaintiffs Need a Fair Shot at Discovery Before Defendants Move to Deny Certification

September 17, 2014

In the ever-evolving field of class action law, defense counsel are becoming more creative with their attempts to defeat class certification.  From preemptive motions to strike plaintiffs’ class allegations at the very beginning of the case, to creating a new

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Trix Aren’t Just for Kids: How Companies Want to Take Away Your Right to a Jury Trial

April 21, 2014

In a bold move that challenged the basic tenets of contract formation, General Mills quietly updated its Privacy Policy on April 2 to include a mandatory, binding arbitration clause and class action waiver.  And while simple updates to Internet privacy

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Important Considerations For Student Loan Co-Signers

February 03, 2014

American consumers owe more than $150 billion in outstanding private student loan debt.  For some fortunate enough to have a family member with a solid credit history to co-sign on those loans, they may be able to save a bit

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Utter Lunacy: Supreme Court strips individuals of their right to vindicate their claims in court, and Congress is in no hurry to un-do the damage

June 25, 2013

Building upon the absurd precedent created in AT&T Mobility v. Concepcion, this past Thursday, the Supreme Court issued an opinion which held that mandatory, binding arbitration clauses and class action waivers are enforceable, even if the cost of arbitrating an

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Supreme Court to Take Yet Another Look at Arbitration

November 09, 2012

Consumer rights are on the line as the Supreme Court decides to take up mandatory binding arbitration clauses once again.  Last time, in 2011’s AT&T Mobility v. Concepcion decision, the Supreme Court held that corporations can effectively ban class actions—both

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The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.

May 09, 2012

The Wall Street Journal’s May 4 Opinion page brought me some pause.  Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way to portray plaintiffs’ attorneys some kind of back-room, self-interested, policy-buying dealmakers, and somehow the

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