Are there any special considerations for consumer arbitration?
Yes, there are special considerations for consumer arbitration in Texas. The Texas Arbitration Act requires that certain agreement provisions be included in arbitration agreements between consumers and businesses in order to be enforceable. The provisions must include a section stating that the arbitrator is authorized to award certain forms of relief such as monetary damages, injunctive relief, and other forms of relief available in court. The Act also requires that the agreement contain a provision that allows the consumer at least 30 days from the date of notice of the dispute to select an arbitrator and present their claim. Additionally, the arbitrator may be required to explain their decision to the parties, as well as provide written findings of fact that support the award. Additionally, consumers must be provided with information regarding the process of the arbitration, including the potential costs, the rules governing the arbitration process, and the estimated length of time it may take for the arbitration to be resolved. Finally, the Texas Arbitration Act mandates that businesses must provide consumers with a full and fair hearing in all cases, and must adhere to rules of fair play and good faith. This means that businesses must provide the consumer with all relevant information needed to help the consumer prepare for the arbitration hearing, and must not attempt to deceive or manipulate the consumer in any way.
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