Mandatory Arbitration Clauses in Consumer Contracts: A Legally Permissible Means of Denying Consumers the Constitutional Right to Litigate Contract Disputes in Court and the Right to Trial By Jury

Mandatory Arbitration Clauses in Consumer Contracts: A Legally Permissible Meansof Denying Consumers the Constitutional Right to Litigate Contract Disputes in Court and the Right to Trial By Jury

by Victor D. López, J.D., Esq.*

North East Journal of Legal Studies: Vol. 40 , Article 1 (Spring 2020).

ABSTRACT

Mandatory arbitration clauses have become ubiquitous in consumer contracts. The Federal Arbitration Act (FAA) was enacted by Congress in 1925 in order to overcome the judicia...