In a decision that could bode well for competitive retail energy suppliers, the U.S. Supreme Court on May 21, 2018 upheld employers’ arbitration agreements containing class action waivers. In a 5-4 opinion by Justice Gorsuch in Epic Systems Corp. v. Lewis, the Court deemed the arbitration provisions enforceable under the Federal Arbitration Act, 9 U.S.C. § 2 et seq., which requires courts to enforce an arbitration agreement unless there are grounds to refuse to enforce it under the Act’s savings clause (e.g. fraud, duress, or unconscionability).
In Epic Systems Corp., the employees challenging the arbitration agreements argued that mandated individualized proceedings (i.e. class action waivers) conflicted with language in the National Labor Relations Act, rendering the agreements unenforceable. The Court rejected the employees’ arguments, holding: “Congress has instructed in the Arbitration Act that arbitration agreements providing for individualized proceedings must be enforced, and neither the Arbitration Act’s saving clause nor the NLRA suggests otherwise.”
While this case involved employment contracts rather than retail energy supply contracts, the Court’s precedent upholding arbitration agreements with class action waivers is a good sign for retail energy suppliers concerned about potential class action claims.
If you have questions or would like to learn more issues to consider when preparing retail energy supply contracts, please contact one of GreeneHurlocker’s energy and regulatory lawyers.