“Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court”

Traci McKee and Lexi Fuson of Faegre Drinker have this article in The National Law Review, discussing the Florida Supreme Court’s recent decision in Krol v. FCA US LLC. The Florida court held that a a binding arbitration agreement does not constitute “[i]nformation respecting the availability of any informal dispute settlement mechanism elected by the warrantor,” which would require its inclusion in the disclosure of information required by the Federal Trade Commission’s “single document rule.” The authors caution that, since the Florida Supreme Court ruling “departed from Eleventh Circuit authority,” a warrantor of consumer products should nonetheless tread lightly insofar as it faces the prospect of litigating in federal courts in Florida.