Who Do You Side With? Telco Lawyers And Binding Arbitrators Or Class Action Lawyers?
from the pick-a-side-and-hold-your-nose dept
As you probably know, many of the contracts you sign these days require binding arbitration, rather than the ability to go to court over a dispute. Companies like to claim this is because binding arbitration is faster and simpler, but it's really because arbitrators (who are hired by the company) side with the company over 95% of the time. At the same time, the companies also try to block you from being a part of any class action lawsuit, and it's this combination that the court found problematic.
The real issue here is pretty straightforward: companies are trying to get you to give up most of your rights contractually -- but not through any sort of negotiation. They're basically trying to ram through agreements in the fine print that you'll never read that take away any sort of remedy you might have against the company in case the company does something wrong. While a fair contract is one thing, these contracts are not fair; they are not negotiable, and they're often not at all clear. It seems that companies are taking them too far, often depriving customers of perfectly reasonable rights -- so it seems like a good thing that the courts are pushing back a little.