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Forced arbitration is just yet another way to limit the consequences of actively hostile business practices. I tend to think of it as the next step after modern customer service: Where modern CS is all about tiring the customer out so they don't have the energy left to raise a proper dispute, arbitration is all about preventing the inevitable occasional actually-motivated customer from receiving the publicity or having the power of a proper lawsuit. It's all about minimizing the voice of the customer, minimizing potential inconvenience for the company, and especially minimizing the company's potential liability. They want to avoid class actions for the exact same reason why Amazon wants to avoid unions, and they want to avoid lawsuits exactly because of their benefit to customers - a potential for lawsuits would wrench away some of the control that companies so enjoy using for their abuse of those customers.

While I understand that not all companies are like this... most are, especially the big ones.

So when I say the "true purpose" is to stop you from being able to sue, I do not mean that it's somehow some closely-held secret that arbitration is an alternative to suing. It's just that the widely perpetuated façade of "oh you just agree to the more convenient arbitration" is a vast oversimplification and there are much deeper and far more malicious intents behind those clauses. It is not at all the win-win that companies would have you believe; I've even unironically seen at least one company say, essentially, "arbitration is much better, and filing a lawsuit is so inconvenient that you wouldn't want to do it anyway". Yeah. It's soo inconvenient for me to cause you so much trouble. For me. Inconvenient for me. It sure is. I'm definitely the one that wouldn't want it to happen. I definitely don't like when companies pay for intentional wrongs directed at me. Definitely not.

I've been wronged by companies a lot through the years and I have exactly zero patience for exactly these kinds of terrible, anti-consumer business practices. Access to arbitration as an option is great; forced arbitration however is a trap designed to protect the company at the expense of the consumer. In other words, forced arbitration has never actually been about arbitration at all, but rather exclusively getting out of lawsuits. That is what "true purpose" means. "Arbitration" is just their "get out of lawsuits free" card; they would use any other card that would have the same effect, because it is that effect that they're after.




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