The Eleventh Circuit ruled in Green v. Cash Advance that the choice of NAF as the chosen arbitrator is an integral and material term of the arbitration agreement.  Since NAF can no longer conduct arbitrations, the contract is unenforcable as written.  Four years after the NAF was forced out of the consumer arbitration business, nursing homes still put NAF as the chosen arbitration forum.  The Court empasized the fact that the NAF was so corrupt being a reason to suspect that defendants didn’t just accidentally accept it.

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