Professor Horton Comments on Wells Fargo Arbitration for Los Angeles Times
Professor David Horton commented for the Los Angeles Times on Wells Fargo’s use of the arbitration system to deal with customers seeking redress in the wake of its bogus account-opening scandal.
“The Wells Fargo situation illustrates exactly what is wrong with contemporary arbitration law,” said Horton.
Arbitration clauses are usually buried within account agreements, so customers are often unaware they are agreeing to them, he said. Such agreements often forbid customers from participating in class actions, with the result that many customers prove unwilling to file individual suits, Horton said.
“There’s no question that requiring customers to pursue their claims individually means that fewer claims are brought, and companies like Wells Fargo aren’t deterred from violating the law,” said Horton.
Professor Horton joined the King Hall faculty in 2012. His primary research and teaching interests are wills and trusts, contracts, and arbitration law. In 2015, his article "In Partial Defense of Probate: Evidence from Alameda County, California" was selected as the winner of the 29th annual Association of American Law Schools (AALS) Scholarly Paper Competition and he was honored with UC Davis School of Law’s Distinguished Teaching Award.