I would argue they are unenforceable "adhesion" contracts, which are basically non-negotiable contracts where one party has more power over the other, such as r

I would argue they are unenforceable "adhesion" contracts, which are basically non-negotiable contracts where one party has more power over the other, such as rental car, cell phone, and back of the form type contracts. Arbitration clauses are not some giant conspiracy by big business. The courts have been pushing it for years. True, they found a loophole to avoid class action suits, but this could be easily remedied by the legislatures.