I agree with you, and I'd like to offer two additional thoughts. Firstly, I believe that one of the reasons these large companies have moved to arbitration is

I agree with you, and I'd like to offer two additional thoughts. Firstly, I believe that one of the reasons these large companies have moved to arbitration is that it lets them get away with more, even if they lose. If they lose, they only lose money, but the case is sealed, and the judge can't issue an injunction. If it goes to court, a judge can award more than just money- they can order the business to stop making certain claims. If they continue despite the order, they could be found in contempt of court, and that would be serious. Secondly, I believe that only criminal liability when there is willful misconduct will deter white collar criminals. In practice, that means if a company does something bad, their CEO or other board members may go to jail. I believe this could be a huge deterrent.