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MassArbitration
Fees & Funding

Fee Shifting

A statutory or contractual rule making one side responsible for the other's fees.

Consumer protection statutes commonly shift fees to prevailing claimants, which is what makes low-value individual claims economically viable for counsel and, in aggregate, makes assembling a mass inventory rational. Contractual attempts to reverse or neutralise statutory fee shifting are a recurring substantive unconscionability issue.

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