There have at least been attempts via creative restrictions on already-mandatory arbitration, notably 23andMe after their breach[1] updated their TOS to require

There have at least been attempts via creative restrictions on already-mandatory arbitration, notably 23andMe after their breach[1] updated their TOS to require a mandatory conference with the company before filing arbitration[2], seemingly as a way to prevent mass arbitration (since they could claim to only have enough staff to handle a trickle of such conferences). 1. https://techcrunch.com/2023/12/04/23andme-confirms-hackers-stole-ancestry-data-on-6-9-million-users/ https://techcrunch.com/2023/12/04/23andme-confirms-hackers-s... 2. https://www.23andme.com/legal/terms-of-service/#dispute-resolution-arbitration https://www.23andme.com/legal/terms-of-service/#dispute-reso...