During the past two decades, much has been written about the enforceability of pre-dispute mandatory arbitration clauses contained in most consumer agreements. Suffice it to say, the strong federal presumption in favor of arbitration has trumped almost every  claim that the Federal Arbitration Act (“FAA”) was not enacted to apply to consumer contracts of adhesion, is unfair to consumers, or is an ineffective method of redress. The Supreme Court recently held that the FAA preempts even state unconscionability rules that preclude arbitration provisions that prohibit collective redress or class actions.

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