this post was submitted on 25 Mar 2024
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The real reason for arbitration is that it usually costs hundreds to initiate and the rules can be murky. In comparison most places in America you can file a small claims suit for $20 and are given help by the court/government.
It also creates no precedent. You lose, you pay out one angry customer, but the next one who tries, you get a fresh attempt to convince the arbitrators you were right.
In a real court, the first loss woukd be leveraged against you by everyone else in similar straits, even if it wasn't a class action.
NAL and stare decisis is definitely not as strict in arbitration but arbitration generally has to follow state court rules or it will get invalidated including use of precedent. Most court decisions never get published anyway so its essentially the same loss.
I hadn't considered small claims (though I've filed, and won, several small claims cases myself).
It would be great to teach people how to use the small-claims system - Imagine these companies having to deal with these courts in every state.
They'd probably default (not show up), and have judgements against them, then the complainant would be stuck trying to enforce the claim (it's not automatic). In the end, Corp would see this as a win... Until it became a news story that "Corp X has hundreds of unresolved judgements"
I am sure everybody’s situation is different but luckily for me as a New York Resident, between long arm statues and the interconnectedness of banks/Wall st everybody has to pay or forfeit their bank access 🤣