Legal Brief

Rios v. HRB Digital

Legal Brief

Ninth Circuit Court of Appeals

Date: July 27, 2026

RLC’s Position: The RLC’s brief argues in favor of the enforceability of mass-arbitration bellwether protocols.  Our brief argues that (!) plaintiffs’ right to opt out of arbitration in this case defeats their procedural-unconscionability challenge, and (2) the staged bellwether provision is not unconscionable—it is the mechanism that makes mass arbitration work fairly for all parties.  

Counsel: Adam Unikowsky of Jenner & Block drafted the brief.

Coalition: The RLC joined the U.S. Chamber and the National Retail Federation.