3 ms·

Just need to outlaw binding arbitration

by eli 10mo ago

charcircuit 10mo ago
Amazon will reimburse arbitration fees if you win making it a cheaper option for consumers than small claims court.
- eszed 10mo ago
  "If". [Edit, because one-word replies are uncivilized: one reason to be suspicious about binding arbitration is that the company against whom you'll be pleading is a repeat customer of that arbitration service. It's a non-transparent / non-public process, so it's hard to have confidence is fair, and over which we (ie, the public) have no influence if it were not.]
  - charcircuit 10mo ago
    >is a repeat customer of that arbitration service Who is locked in by the contract. The arbitration company gets their fees no matter the outcome. >so it's hard to have confidence is fair You can appeal to a court if it's unfair.
    - eli 10mo ago
      "We examine whether firms have an informational advantage in selecting arbitrators in consumer arbitration [...] We first document that some arbitrators are systematically industry friendly while others are consumer friendly. Firms appear to utilize this information in the arbitrator selection process. Despite a randomly generated list of potential arbitrators, industry-friendly arbitrators are forty percent more likely to be selected than their consumer friendly counterparts. Better informed firms and consumers choose more favorable arbitrators. [...] Competition between arbitrators exacerbates the informational advantage of firms in equilibrium resulting in all arbitrators slanting towards being industry friendly. Evidence suggests that limiting the respondent’s and claimant’s inputs over the arbitrator selection process could significantly improve outcomes for consumers." https://www.gsb.stanford.edu/faculty-research/working-papers/arbitration-uninformed-consumers https://www.gsb.stanford.edu/faculty-research/working-papers...
      - charcircuit 10mo ago
        Businesses also incorporate in jurisdictions that are business friendly too.
- eli 10mo ago
  Two problems with that argument: 1) Amazon would also have to reimburse small claims court fees if you win, and 2) arbitration is worse for the consumer in pretty much every other way.
- BoredPositron 10mo ago
  It's 75 bucks in the EU without waiting for the reimbursement.
- pyuser583 10mo ago
  Does that include flying out to wherever?

Just need to outlaw binding arbitration

by eli 10mo ago

Just need to outlaw binding arbitration

charcircuit 10mo ago

Amazon will reimburse arbitration fees if you win making it a cheaper option for consumers than small claims court.

eszed 10mo ago
"If". [Edit, because one-word replies are uncivilized: one reason to be suspicious about binding arbitration is that the company against whom you'll be pleading is a repeat customer of that arbitration service. It's a non-transparent / non-public process, so it's hard to have confidence is fair, and over which we (ie, the public) have no influence if it were not.]
- charcircuit 10mo ago
  >is a repeat customer of that arbitration service Who is locked in by the contract. The arbitration company gets their fees no matter the outcome. >so it's hard to have confidence is fair You can appeal to a court if it's unfair.
  - eli 10mo ago
    "We examine whether firms have an informational advantage in selecting arbitrators in consumer arbitration [...] We first document that some arbitrators are systematically industry friendly while others are consumer friendly. Firms appear to utilize this information in the arbitrator selection process. Despite a randomly generated list of potential arbitrators, industry-friendly arbitrators are forty percent more likely to be selected than their consumer friendly counterparts. Better informed firms and consumers choose more favorable arbitrators. [...] Competition between arbitrators exacerbates the informational advantage of firms in equilibrium resulting in all arbitrators slanting towards being industry friendly. Evidence suggests that limiting the respondent’s and claimant’s inputs over the arbitrator selection process could significantly improve outcomes for consumers." https://www.gsb.stanford.edu/faculty-research/working-papers/arbitration-uninformed-consumers https://www.gsb.stanford.edu/faculty-research/working-papers...
    - charcircuit 10mo ago
      Businesses also incorporate in jurisdictions that are business friendly too.
eli 10mo ago
Two problems with that argument: 1) Amazon would also have to reimburse small claims court fees if you win, and 2) arbitration is worse for the consumer in pretty much every other way.
BoredPositron 10mo ago
It's 75 bucks in the EU without waiting for the reimbursement.
pyuser583 10mo ago
Does that include flying out to wherever?