A recent study confirms that the majority of Americans are unaware of the extent to which they are stripped of their fundamental rights through prevalent forced arbitration clauses. These clauses are found in the fine print of everyday click-through agreements, terms and conditions, and other contracts. According to the National Consumer Law Center, as many as 99% of consumers surveyed have handed over their constitutional rights by accepting terms they didn't realize contained forced arbitration clauses.
Forced arbitration is a one-sided process engineered by corporations to escape public accountability. It is often tucked away in the fine print of most consumer terms and conditions. Forced arbitration denies Americans their choice in how to access justice when they've been hurt or defrauded by corporations, simply because they signed up for a service or used a product.
A recent study by University of Michigan law and psychology professor Dr. Roseanna Sommers paints a bleak picture. Americans have no idea of the gravity and breadth of fundamental rights they are losing simply by signing up for services or using a product.
In 2019, a study found that of the largest 100 U.S. companies, 81 had imposed arbitration agreements on customers, and 78 include language barring class-action lawsuits. The study calculated that at least 826 million consumer arbitration agreements were in force as of 2018, and probably many more.
According to the National Consumer Law Center, "Consumers shouldn’t be silenced by big corporations that harm them. But that’s what happens when fine-print traps take away people’s right to a day in court or to join class actions to seek just compensation."