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Thus, consumers may be able to challenge the validity of an arbitration provision by arguing that the provision is unconscionable under applicable state law.

For example, in ,[8] the Fifth Circuit Court of Appeals upheld two arbitration clauses but struck down a third, finding the arbitration provision unconscionable under Louisiana law because it completely exempted the drafter from arbitration, but did not similarly exempt the consumer.

Would love to see the state declare bankruptcy and see the pensions go to the fed level social security.

We can't afford to privatize our Treasury to transnational banks anymore.It is a swamp that can't be drained at this point because the Constitution doesn’t provide a drain.This 28 amendment is intended to install that drain so Congress can pull the plug ASAP.For example, in , the Ninth Circuit held that an arbitration provision in an employment contract was unconscionable because it expressly included claims that the employee might seek – breach of contract, discrimination, and harassment – but exempted remedies that the employer would likely pursue – injunctive relief for intellectual property violations, unfair competition, and use or disclosure of trade secrets.[15] The Ninth Circuit went on to find that such an agreement was unfairly one-sided and therefore substantively unconscionable.[16] Another potential obstacle to arbitration provisions arises when an agreement to arbitrate necessarily involves waiving the right to have one’s case heard by a jury.In most states, the right to a jury trial is waivable, but in general, courts only enforce predispute jury waivers that are entered into “knowingly” and “voluntarily.”[17] The exceptions to this rule are California and Georgia where those states’ courts have interpreted their respective constitutions to forbid predispute jury waivers.[18] Federal courts, however, will apply federal law to determine whether a jury waiver is valid, even where the federal court has jurisdiction only by way of diversity.[19] There is no standard test applied by courts to determine whether a party’s waiver of the right to a jury was made knowingly and voluntarily.




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Thus, consumers may be able to challenge the validity of an arbitration provision by arguing that the provision is unconscionable under applicable state law.