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Released: October 12, 2011

Supreme Court considers whether ‘right to sue’ means only right to arbitration

Source: Robert Barnes, Washington Post (Free Registration)

The Supreme Court justices asked the question half a dozen ways: When Congress writes legislation that says, “You have a right to sue,” why doesn’t that mean that consumers have a right to file a lawsuit in court?

And the lawyer on the receiving end of the queries answered each time: Because your precedents say so.

The case was about whether customers who are unhappy about the allegedly hidden costs of the credit cards they received from CompuCredit can sue the company in court, or whether they must abide by the fine print in their contracts. It said that all disputes must be handled by arbitration.

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