The fine print in millions of consumer agreements continues to deprive Americans of their constitutional day in court. Many corporations require consumers to give up basic rights as a condition of obtaining everyday products and services, including bank accounts, credit cards and cell phones. When wrongdoing occurs, these forced arbitration provisions insulate corporations from legal accountability in our justice system and, consequently, deny millions of American consumers basic justice. It’s time to ban forced individual arbitration of consumer claims.
Much has been written about the pernicious effects of forced arbitration of consumer disputes. But few have examined the anecdotal evidence that proves the dramatic difference between the results when individual arbitration is imposed on consumers compared with the relief recovered when their small value claims are litigated on a classwide basis. When that analysis is undertaken, the conclusion is irrefutable: forcing consumers to pursue individual arbitration rather than permitting them to litigate their class claims through our judicial system effectively forecloses any meaningful relief.
