This Comment argues that recent Supreme Court precedent, circuit court decisions in contexts similar to FINRA’s oversight of the securities industry, and investors’ true interests all instruct that Schwab’s class action waiver should have been enforced over FINRA’s contrary command. Part II discusses FINRA’s role in the securities industry, the FAA and recent Supreme Court precedent interpreting the FAA, and the FINRA Rules that Schwab’s class action and joinder waiver violated. Part III analyzes why the conflict between the FAA and FINRA’s rules should have been resolved in favor of the FAA and supports this argument with discussion of federal circuit court decisions in contexts analogous to the securities industry. Part IV addresses the fears voiced by investor protection advocates and articulates the policy reasons in support of enforcing the class action waiver, arguing that its enforcement would have actually benefited investors.
The Great and Powerful FAA: Why Schwab’s Class Action Waiver Should Have Been Enforced Over FINRA’s Rules,
42 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol42/iss1/3