Sound the Death Knell of Forced Consumer Arbitration

Briane F. Pagel Jr. in Wisconsin Lawyer

The Wisconsin Supreme Court's recent decision in Wisconsin Auto Title Loans Inc. v. Jones may have sounded the death knell of forced arbitration of consumer debt disputes in Wisconsin. The ruling eliminates evidentiary hearings to invalidate arbitration clauses, relies on facts that will be present in most consumer creditor situations, and reasserts consumers' rights to access the courts in contract disputes.