4 ms·
That may well be the case but forced arbitration clauses are legal in the US. There have been several recent Supreme Court cases that upheld mandatory arbitrati
by tjalfi 10y ago
That may well be the case but forced arbitration clauses are legal in the US. There have been several recent Supreme Court cases that upheld mandatory arbitration clauses.
Here are some citations:
"American Express Co., et al. v. Italian Colors Restaurant." Oyez, https://www.oyez.org/cases/2012/12-133 https://www.oyez.org/cases/2012/12-133. Accessed 29 Apr. 2017.
"AT&T Mobility LLC v. Concepcion." Oyez, https://www.oyez.org/cases/2010/09-893 https://www.oyez.org/cases/2010/09-893. Accessed 29 Apr. 2017.
"The End of Class Actions?" Arizona Law Review, http://arizonalawreview.org/fitzpatrick/ http://arizonalawreview.org/fitzpatrick/
Gilles, Myriam and Friedman, Gary (2012) "After Class: Aggregate Litigation in the Wake of "AT&T Mobility v Concepcion"," University of Chicago Law Review: Vol. 79 : Iss. 2 , Article 3.
Available at: http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3 http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3
Edited to add the third and fourth citations.
- Houshalter 10y agoIIUC, those are cases of companies who put arbitration into a contract. That's a bit different then an average Joe hitting "ok" to an email that says the ToS of a website has changed. Arbitration can work for businesses which can negotiate and review contracts they agree too. No one reads or negotiates EULAs.
- user5994461 10y agoThere is a difference between B2B and B2C contracts. In most countries, arbitration clauses are prohibited in B2C contracts. You can't prohibit consumer from suing you.