More than a year has passed since the American Arbitration Association (AAA) significantly revised its Consumer Arbitration Rules and Mediation Procedures. As we previously discussed here, the May 1, 2025 revisions made significant changes to the administration of consumer arbitrations, including provisions addressing consolidation, the Consumer Clause Registry, virtual hearings, discovery, dispositive motions, and sanctions. Those rules remain in effect today.

But the arbitration landscape has continued to evolve, particularly around mass arbitration. AAA maintains separate Mass Arbitration Supplementary Rules that operate alongside the applicable underlying arbitration rules and establish specialized procedures for high-volume filings. As businesses revisit their consumer arbitration programs, several features of the 2025 Consumer Rules warrant renewed attention.

Claims Consolidation

The 2025 Consumer Rules gave AAA greater flexibility in administering multiple claims filed by the same party. AAA may administer multiple claims filed by the same party arising from the same contract as a single case and may require multiple claims arising from separate contracts to proceed as individual cases, subject to the arbitrator’s ultimate determination.

That provision takes on added significance against the backdrop of mass arbitration. AAA’s Mass Arbitration Supplementary Rules apply alongside the underlying rules and establish procedures specifically designed for large volumes of related claims, including filing requirements and the appointment of Process and Merits Arbitrators. AAA currently describes a consumer mass arbitration as involving 25 or more similar arbitration demands involving consistent or coordinated representation, subject to AAA’s determination.

AAA Consumer Clause Registry

The 2025 amendments also made the Consumer Clause Registry an important consideration for businesses using AAA arbitration provisions. Under the revised rules, AAA reviews consumer arbitration clauses for compliance with its Consumer Due Process Protocol, and an administrative determination of compliance may be revisited by an arbitrator in an individual case.

The rules also provide consequences for businesses that fail to maintain their Registry status. As we noted when the rules were adopted, if a business declines to pay its annual Registry fee, AAA will decline to administer consumer arbitrations arising from that agreement.

For businesses revisiting their arbitration programs, the Registry therefore should be considered alongside the substantive language of the arbitration agreement itself.

Virtual Hearings

The 2025 Consumer Rules made virtual hearings the default unless the parties agree otherwise or an arbitrator determines that an in-person hearing is required.

Virtual proceedings also feature prominently in AAA’s approach to mass arbitration. AAA’s Mass Arbitration Supplementary Rules are intended to streamline the administration of large volumes of related cases, and AAA has identified virtual hearings as part of its effort to make those proceedings more efficient and accessible.

Dispositive Motions and Discovery

The amendments also changed how consumer arbitrations may be litigated. The Consumer Rules expressly recognize an arbitrator’s authority to order discovery beyond document exchanges, including interrogatories and depositions.

At the same time, the rules direct arbitrators considering whether to permit a dispositive motion to consider the time and expense of briefing the motion. For businesses confronting multiple similar claims, these procedural provisions may affect decisions about how individual matters are defended and how broader arbitration programs are structured.

Mass Arbitration Remains a Key Consideration

AAA’s separate Mass Arbitration Supplementary Rules are particularly important to the current analysis. They supplement, rather than replace, the underlying Consumer Arbitration Rules and establish procedures specifically for large numbers of related arbitration demands.

AAA’s framework includes administrative review, specialized filing requirements, Process and Merits Arbitrators, and staged fees as matters move through different phases of a mass arbitration. AAA also notes that it takes no position on the enforceability of bellwether provisions, describing that as an evolving area of law.

Our Take

The May 2025 rules remain AAA’s current Consumer Arbitration Rules, but their practical significance continues to develop. In particular, businesses facing the possibility of coordinated or mass consumer arbitrations should consider the Consumer Rules together with AAA’s separate Mass Arbitration Supplementary Rules rather than viewing the two frameworks in isolation.

Businesses should also revisit their arbitration provisions and AAA Consumer Clause Registry status to ensure that their agreements remain consistent with AAA requirements and their broader approach to managing consumer disputes. And because mass arbitration continues to raise procedural and cost considerations distinct from traditional one-on-one arbitration, companies should consider how provisions concerning consolidation, hearings, discovery, and dispositive motions may operate when similar claims arrive in volume.