> Except they have to get all of those millions of lawsuits dismissed individually by advancing that argument and failing in even a single of those cases throug

> Except they have to get all of those millions of lawsuits dismissed individually by advancing that argument and failing in even a single of those cases through a novel argument on the part of plaintiff, sympathetic judge, etc could open an avalanche of lawsuits against the firms. That could only work if people actually filed the lawsuit. However, filing a lawsuit isn't free (as the below random website attests [1]). If it's a near certainty that the lawsuit will be dismissed, few people are going to want to pay $320 (plus any other costs) to file it. I'd like to hope people have the principle to bang their heads against the courts until they take (the proper) action, but I'm pessimistic. Honestly, maybe novel political solutions are the answer? Could a state pass a heavy tax on binding arbitration, to be paid by the party that required it? [1] https://calaborlaw.com/how-much-do-lawsuits-cost/ https://calaborlaw.com/how-much-do-lawsuits-cost/