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In its recent landmark decision, Chief Justice Marshall of the Massachusetts Supreme Judicial Court declared, “[a]llowing companies that do business in Massachusetts, with its strong commitment to consumer protection legislation, to insulate themselves from small value consumer claims creates the potential for countless customers to be without an effective method to vindicate their statutory rights, a result clearly at odds with our public policy.” Feeney, et al. v. Dell, Inc., et al., 908 N.E.2d 753, 765 (Mass. 2009).

Mr. Shope and Mr. Rapacki, counsel in the Dell action, will discuss both sides of the legal debate on forced arbitration and class action waivers. The discussion will also consider recent case law in other jurisdictions analyzing this issue as well as the practical effect of these decisions on consumers and businesses.

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