It's not a frivolous lawsuit when millions have been harmed even to a small degree. Plus it's not a small degree; it's a rather large fine per text. Whether the

It's not a frivolous lawsuit when millions have been harmed even to a small degree. Plus it's not a small degree; it's a rather large fine per text. Whether the fine should have been enacted by Congress is debatable; whether it should be paid once it's been enacted, especially when enacted so long ago (1991), is much less debatable. "Simple arbitration" is a euphemism for when the arbitration company is in the defendant company's pocket, so that they almost always win, as is the case for today's arbitration clauses in contracts. The court system is the fairest big-case arbitration system we have today.