Partner Warren Postman of Keller Postman (formerly Keller Lenkner) joined The Wall Street Journal’s The Journal Podcast to discuss how Keller Postman’s representation of thousands of individuals in arbitrations against Amazon led the company to abandon its arbitration clause.
Click here to listen to the episode, “Why Suing Amazon Just Got Easier.”
Faced with corporate arbitration clauses requiring disputes to be brought in arbitration, many lawyers have refused to take on individual cases. Postman explained that he saw things differently: “Why couldn’t a firm with sufficient resources and commitment file claims for hundreds or thousands or tens of thousands? Because once that happens, I think the balance of power flips,” said Postman.
In early 2020, Keller Postman filed 74,000 individual arbitration demands against Amazon on behalf of consumers who had been unlawfully recorded by Amazon Alexa devices. Faced with the burden of arbitrating so many individuals’ claims at once, Amazon last month changed its terms of service to remove its arbitration clause altogether. Although arbitration proceedings for Keller Postman’s clients are still in process, Postman said the change “opens the courthouse doors again” for future consumers of Amazon products.
Amazon is not the first company to face Keller Postman’s revolutionary arbitration strategy. To date, Keller Postman has secured more than $375 million in settlements for more than 100,000 individuals.
For more details on this matter, see The Wall Street Journal’s recent coverage: “Amazon Faced 75,000 Arbitration Demands: Now It Says—Fine, Sue Us”
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*As of April 2022, the firm has changed its name from Keller Lenkner to Keller Postman.
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