Arbitration Everywhere, Stacking the Deck of Justice

New York Times
Saturday, October 31, 2015

By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, corporations are increasingly circumventing the courts and barring people from joining together in class-action lawsuits. Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or access an array of services without agreeing to private arbitration. More than a decade in the making, the move to block class actions was engineered by a coalition of credit card companies and retailers who said that class actions were not needed because arbitration enabled individuals to resolve their grievances. But court and arbitration records show that once blocked from going to court as a group, most people dropped their claims entirely.