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False. There’s no way out of a forced arbitration agreement that bans class actions. The courts always defer to arbitration, even when arbitrability is in quest
by dd36 6y ago
False. There’s no way out of a forced arbitration agreement that bans class actions. The courts always defer to arbitration, even when arbitrability is in question. It’s a ridiculous judicially made trap.
- koolba 6y agoIf they're able to coordinate a short squeeze, they can easily coordinate demand for thousands of arbitration requests. And we know what happened to DoorDash when they tried to play that game: https://www.reuters.com/article/us-otc-doordash/this-hypocrisy-will-not-be-blessed-judge-orders-doordash-to-arbitrate-5000-couriers-claims-idUSKBN2052S1 https://www.reuters.com/article/us-otc-doordash/this-hypocri...
- dd36 6y agoYes, but that’s not a class action.
- koolba 6y agoYes the idea is to use their insistence of arbitration against them by forcing them to pay for thousands of arbitration cases.
- dd36 6y agoEveryone should utilize this strategy. We’ve been advocating for it for 6 years. AAA keeps upping its fees. Want to attack the system? Attack forced individual arbitration.
- koolba 6y agoAgreed. A few more high profile en masse individual arbitration is the way to end the practice entirely.
- dd36 6y agoI think it will cause them to think twice but the only real way to end it is legislation. The FAA was never intended to apply to consumer disputes or eliminate the ability of people to group together to make a claim. It's all a construct of the courts and corporate-friendly judges and needs adjustment.