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Old 07-11-2017, 11:04 AM   #1
Tam128
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Default Pharmacy litigation and arbitration

Can a pharmacy legally force me to arbitrate a claim against them instead of taking it into regular or small claims court?
They say the purchase agreement they included has a forced arbitration clause but I never saw it? And still have not.
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Old 07-11-2017, 06:15 PM   #2
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Default Re: Pharmacy litigation and arbitration

I wish to inform you that if you were not informed about arbitration clause this means that you never knew about arbitration while buying thus you never gave consent for arbitration. Hence you may refuse arbitration on the ground that you have never agreed to arbitration clause in purchase agreement. Consent is must in order to have a valid agreement clause.

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Old 07-12-2017, 08:29 AM   #3
Lexus
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Default Re: Pharmacy litigation and arbitration

In this case the pharmacy could not force you to arbitrate the case. The principle of arbitration is mutual consent to arbitrate if there is an arbitration clause. If you wish to file the case in small claims court you can do so.
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Old 07-12-2017, 10:34 AM   #4
adjusterjack
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Default Re: Pharmacy litigation and arbitration

Quote:
Originally Posted by Tam128 View Post
Can a pharmacy legally force me to arbitrate a claim against them instead of taking it into regular or small claims court?
They say the purchase agreement they included has a forced arbitration clause but I never saw it? And still have not.
You never saw it or you tossed it without reading it?

Ask for a copy.
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Old 07-13-2017, 04:49 AM   #5
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Default Re: Pharmacy litigation and arbitration

If the arbitration clause is in the purchase contract or sales contract, then you are indeed bound by it under current law. There are some in Congress that want to change those arbitration clauses but as of now they are valid and binding.
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