Mass arbitration has gained steam as a strategy for plaintiffs who face arbitration clauses that prohibit class actions. The recent decision by the U.S. Court of Appeals for the Seventh Circuit (Court) in Wallrich v. Samsung highlights issues that arise in mass arbitration cases in connection with the payment of fees, threshold for establishing the existence of an arbitration agreement and role of delegation clauses. In this second installment of a two-part article series examining the case, Baker Donelson biometrics team lead David Oberly addresses the key takeaways and practical implications of the decision, provides strategies for strengthening arbitration agreements and discusses the future trajectory of mass arbitration tactics in Illinois Biometric Information Privacy Act class action litigation. Part one distilled the Court’s analysis and discussed relevant procedural background. See our two-part series on private actions under the CPRA: “Key Issues and Defense Strategies” (Oct. 18, 2023), and “Settlement Considerations and Mitigating Risk” (Oct. 25, 2023).