New York Times Series Sheds Light on Favorite Corporate Bullying Tactic: Forced Arbitration
Posted on behalf of D'Amico & Pettinicchi, LLC on Nov 02, 2015 in Workers' Compensation
Most of us won’t even know we “agreed” to arbitration and waived our constitutional right to our day in court until it is too late.
As a result of mandatory arbitration provisions in all sorts of consumer and other agreements, customers, patients, insureds and others are frequently forced into arbitration (which is often heavily weighted in the companies' favor) when disputes arise, having waived the right to access our court system. Nearly all cell phone, mortgage, and credit card companies use these clauses, as do banks, health insurers, and car dealers. (We’ve previously written on this problem, for example, in the context of nursing home agreements).
The recently published New York Times series does an excellent job of demonstrating how arbitration provisions enable corporation to break the law and evade accountability
Part 1: Arbitration Everywhere, Stacking the Decks of Justice: https://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?smid=tw-share
Part 2: In Arbitration, a Privitization of the Justice System: https://www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html
The Times investigation involved the review of thousands of court records and interviews with hundreds of lawyers, corporate executives, judges, arbitrators, and plaintiffs across the country.
Once you’ve read these articles, please help us spread the word by sharing them with your friends, family, and colleagues.
Additionally, you can sign the petition to the Consumer Financial Protection Bureau to help ensure the CFPB will help put an end to the abusive practice of forced arbitration.