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Supreme Court: AT&T Can Force Arbitration
suraj.sun writes with this unhappy news, as reported by Ars Technica: "The Supreme Court on Wednesday ruled that AT&T — and indeed, any company — could block class-action suits arising from disputes with customers and instead force those customers into binding arbitration. The ruling reverses previous lower-court decisions that classified stipulations in AT&T's service contract which barred class arbitration as 'unconscionable.' ... In cases where an unfair practice affects large numbers of customers, AT&T or other companies could quietly settle a few individual claims instead of being faced with larger class-action settlements which might include punitive awards designed to discourage future bad practices."
Mandatory corporate kangaroo courts! What could possibly go wrong?
AT&T can only force arbitration if you agreed to it in your contract. Which you did. All major companies make it a condition of the sale.
What the court decided is that you can't get out of your contractual agreement with a class-action suit.
The unconscionable part here is the law that they're upholding, the Federal Arbitration Act, which basically lets you give up your right to sue. You don't have to, but they don't have to give you the service, unless you agree to meet in a court of their choosing. Which, of course, they'll always require, as long as the law allows them to.
That's been upheld before. This case is just deciding that the federal law trumps state anti-arbitration laws. I find it unconscionable in both cases, and "unconscionable" is supposed to be a way out of contracts, but the existence of the federal law and 5 Republican appointees on the Supreme Court says I'm wrong.
Justice Roberts once again proves his obedience to his corporate masters. Once upon a time the SCOTUS was seen as above such petty matters. Now it is clearly the pawn of the corporations - and this has been obvious ever since the ruling which allowed the corporations unlimited access to fund/bribe politicians.
The fun thing about arbitration is that and individual is likely to only be involved in one or two cases, if that. This makes them a poor "customer" of arbitration services. Large companies, on the other hand, might deal with hundreds or thousands of cases a year. Guess which side an arbiter hoping for future work might consider favoring...
Do we even have any real Liberals left anywhere? Obama, Pelosi, Clinton, and their ilk are basically so centrist they're "Republican Lite". Surely I'm not the only left-leaning person who feels unrepresented. As far as that goes, the Republicans don't do a particularly good job at representing conservatives, either.
Caveat Utilitor
Yeah, just pick one of the zero phone companies that have no arbitration clause. What the heck do you need phone service for? Or natural gas, or electricity!
Class actions aren't intended to bring restitution to the victims of corporate malfeasance. They're intended to apply enough leverage to significantly punish the corporations. If you want restitution, file your own lawsuit. If you want to teach the corporation never to do that again, join the class action.
Basically, in a class action, you've already been screwed, and there's no way to get unscrewed, but at least you can take down the SOB who screwed you.
"I disagree with you" does not equal "flamebait."
No arbiter can be impartial. Their livelihood depends upon bias and outright prejudice (as in "pre-judging"). It is not an honorable profession.
Like a judge appointed for life?
Anyway, the state could set up their own arbitration board, and when a case comes up, they assign someone from the board. The companies would pay for the board, but they wouldn't have hiring and firing decisions. That would make it more impartial.
All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
Class action suits are good for one thing, though. Class action suits means that a firm doing something wrong will get punished with a hefty fine, especially if punitive damages are added in, which discourages them from continuing their wrongdoing.
By contrast, arbitration claim means that individual claimants must make individual claims which is harder and results in fewer claims against the company, and thus a much lower payout.
A company would much rather get 1000 people making individual arbitration claims and pay them 100 bucks each instead of a 10,000 people class action suit and pay out $5 million at once.
My postings are informational and does not constitute legal advice. Act on it at your risk.
Don't Supreme Court justices know the law anymore? This decision is so out in right field that it doesn't even pretend to be supported by law passed by Congress. Contracts used to be invalid if:
1) They are so one-side as to be entirely unfair.
2) They force one party into a position because there is no alternative (the offer you can't refuse).
Carrier-forced arbitration meets both these points. Carriers, by the nature of their enormous power relative to consumers, will always win arbitration because the arbitrators are, for all practical purposes, on the carriers' payrolls. This is because carriers are repeat customers, whereas carrier customers are not. This severely biases the arbitrator in favor of the carriers. There is no easy way to make this even remotely fair to carrier customers. This, by itself, would be enough to nullify arbitration clauses in any sane country.
Carrier customers have no choice but to have a phone of some sort. You just can't exist in most modern markets without the ability to communicate with other people. And all carriers have the same arbitration clause in their contract, so customers have no alternative. This should also, all by itself, be enough to nullify arbitration clauses in contracts in any sane country.
Put these two things together, and it's clear that the Surpeme Court has no intention of applying the law. It seems that they don't even bother reading it anymore. They just want to apply their own sense of right and wrong as it aligns with their political philosophies. If we had a Constitutional Supreme Court, meaning a Supreme Court defined and authorized by our Constitution, prior to this ruling, it just evaporated.
It was the same 5:4 for the money=free speech fuck up and you can bet your ass that corporations are gonna use billions of free speech to convince you that there's no difference between Libs and Cons.
Roberts+Alito always rule corporations>government>people, Thomas votes for whatever he thinks will piss off Democrats and Scalia goes by his conscience and strictly texturalist world view which, funny thing, just about always is the reactionary side. Kennedy is the "swing vote" but the swing is broken.
Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
Arbitration seems to be a way to guarantee that whoever has the deepest pockets will win. A long time ago I even gave up some stock options because I had to sign an arbitration agreement first with a clause that essentially said that if either party was unhappy with the solution they could demand a new arbitration with cost to be paid "equally". That is, the company with all the money keeps asking for new arbitration until I run out of money.
An arbitration agreement is about giving up your legal rights in return for some minor momentary benefit.