Did you read the fine print? It probably forces you into arbitration.
Arbitration is the alternative to court that companies hide in the user agreements that no one reads. The New York Times delivered a three part investigation, these are summaries creating using parts of the article that were quoted on Twitter.
Arbitration Everywhere, Stacking the Deck of Justice by Jessica Silver-Greenberg and Robert Gebeloff for the New York Times (4,346 tweets, 84 unique quotes.)
“This is among the most profound shifts in our legal history” (53 shares), said federal judge William G. Young. “Business has a good chance of opting out of the legal system altogether and misbehaving without reproach” (22).
The “individual arbitration clauses” (2) protects companies from class action lawsuits, something state judges have called a “get out of jail free” (8) card. Class action is important, because it’s “nearly impossible for one individual to take on a corporation with vast resources” (1). In a joint letter, attorney generals from 16 states worry that “unlawful business practices” (3) would rise without the threat of class-action lawsuits. “Once blocked from going to court as a group, most people dropped their claims entirely” (1). That’s because the consumer is forced to pay their own way through arbitration. “Between 2010 and 2014, only 505 consumers went to arbitration over a dispute of $2,500 or less” (3). It’s not just the money. “Civil rights experts worry that discriminatory labor practices will go unchecked as class actions disappear” (1)
“One of the players behind the scenes, The Times found, was John G. Roberts Jr.” (2). He was a lawyer when it started, and Chief Justice by the time the Supreme Court ruled on it. A restauranteur who was blocked from creating a class-action lawsuit against American Express made a special drink in the courts honor. “I call it the Scalia” (7), he said. “It’s bitter and tough to swallow” (10).
Arbitration is not like court. The other side can withhold evidence, the arbitrator does not have to recuse themselves over a conflict of interest, precedent can be ignored, and you can’t appeal.
The New York Times found examples that literally extend from birth, at hospitals, through death, at funeral homes.
In Arbitration, a ‘Privatization of the Justice System’ by Jessica Silver-greenberg and Michael Corkery for the New York Times (2,502 tweets, 31 unique quotes.)
Companies will routinely work with the same arbitration firm, so “arbitrators have an economic reason to decide in favor of the repeat players” (2 shares). Real judges have their hands tied, and have to defer to arbitration. “I have disappointed Thomas Jefferson and John Adams” (77), said judge Chris Altenbernd. After receiving a decision that discussed singing lessons, Jell-O and Botox, Debbie Brenner said “I can’t believe this is America” (31). “This amounts to the whole-scale privatization of the justice system” (18), said law professor Myriam Gilles.
In Religious Arbitration, Scripture Is the Rule of Law by Michael Corkery and Jessica Silver-greenberg for the New York Times (1,429 tweets, 31 unique quotes.)
Nick Ellison was given the option of attending a Christian-run drug program instead of a jail sentence. While in the program, he wrote in an un-mailed letter that they “de-gayed” him. Then he died, and the family had to go through an arbitration firm that stipulates “The Holy Scripture shall be the supreme authority” (8 shares). His mother didn’t want to go through arbitration, she wanted the courts to help her with a simple request. “I wanted to find out what happened to Nick” (1).
Luis Garcia left Scientology, and tried to get back some money he lost. Unfortunately, arbitration is run by current Scientologists. “I am being forced to go before a court run by a religion I no longer believe in” (5), he said.
Pamela Prescott was a teacher. A new school administrator washed her feet at a staff meeting, which Prescott did not enjoy. “I may be a Christian. But I am also a normal person” (8). Soon she was fired, and was awarded $157,000 by a Christian arbitrator. The school was able to get the case into court. They kept loosing, and kept appealing. Prescott was victorious in the end, but spent $149,000 in legal fees.
“By adding a religious component, companies are taking the privatization of justice a step further” (4). Some lawyers think “religious arbitration may have less to do with honoring a set of beliefs than with controlling legal outcomes” (1). Thanks for reading.
Originally published at tinyletter.com.
