Like, it’s such a punch in the face of the user when it’s hidden in the terms of service. It’s so scummy it hurts. I still can’t believe corporations are getting away with avoiding going through the legal system like that.
Here are the cons of an arbitration clause:
- You lose the right to class action lawsuits
- It’s less public than going through the legal system
It’s legal because people agree to it as part of entering a contract. And as scummy as you or I may believe it to be, people still enter into such contracts, and courts have not ruled them unconscionable.
Hardly an agreement if it’s predicated on access to a service, particularly if the service is a utility, a monopoly, or a cartel.
If every vendor uses uniform language as a means of mitigating their own collective liability, the agreement is functionally coerced.