

Before you skip the fine print in that contract you're about to sign, ask yourself, are you feeling lucky? Mandatory arbitration clauses are routinely buried in the fine print that could force you to give up your constitutional right to go to court if you end up in a dispute with the other party. Forced arbitration allows bad actors to stay out of court and avoid public scrutiny and accountability for their misdeeds.
Historically, the cases that were most commonly forced into arbitration involved low-dollar billing disputes and deceptive trade practices between consumers and cable companies or financial service providers. Today, however, nursing home operators are using forced arbitration clauses to avoid the claims of abused residents, and employers are using forced arbitration to foreclose employee lawsuits for unpaid wages, employment discrimination, and even sexual harassment. You can read more about it by visiting AAJ's website. You can also download AAJ's September 2019 research report on the subject by clicking here.
There's a lot of work to be done to level the playing field between consumers and corporations. At a minimum, I propose, we can all start by reading the fine print.
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