Mass arbitration
Where a contract bars class actions, the remedy is not silence. It is the clause used as written — one demand at a time, at scale.
A consumer arbitration clause with a class-action waiver is drafted to make small claims uneconomic. Filed in volume, the same clause obliges the drafter to arbitrate each demand individually and to pay the filing fees it agreed to pay. That is not a loophole; it is the bargain the company wrote.
Running a programme of this kind is an operational problem as much as a legal one. Each demand needs its own claimant record, evidence pack, fee schedule and arbitrator appointment, and each must withstand scrutiny individually. Our platform exists because the caseload cannot be run on correspondence.
What we do
- Clause and fee-shifting analysis before filing
- Bellwether selection and coordinated hearings
- AAA and JAMS mass-arbitration protocols
- Aggregate settlement and per-claimant allocation
- USFederal Arbitration Act · AAA Mass Arbitration Supplementary Rules
- USJAMS Mass Arbitration Procedures
- UKConsumer Rights Act 2015, Part 2 (unfair terms)
From the firm
PayWave customers could be owed compensation following alleged unlawful arbitration practices
Between November 2021 and February 2025, PayWave charged instant-transfer and currency-conversion fees above the rates it published. A class action is barred by the contract. An individual arbitration is not.
Understanding mass arbitration
A procedure that exists because of a contractual term, not in spite of one. How individual demands filed in volume came to be the principal route to consumer redress in the United States.