Earlier this fall, the United States Court of Appeals for the Second Circuit undermined a strategy often used by the plaintiff’s bar in privacy claims: the threat of mass arbitration fees.  In a decision reversing the district court, the Second Circuit held that the petitioners cannot use the Federal Arbitration Act (FAA) to compel arbitration on the basis that a business failed to pay arbitration fees.  This decision adds to a growing body of precedent that courts cannot compel a business to pay arbitration fees, which as discussed previously here on Privacy World, can total in the thousands or millions of dollars in the event of mass arbitration.