AT&T: it's not "forced arbitration" because no one forced you to have broadband

AT&T, which has successfully lobbied state governments and the FCC to ban any broadband competition in the markets where it operates, says that its forced arbitration "agreements" aren't really forced, because people in the markets it serves could just not use the internet. Read the rest

Trump administration allows nursing homes to force abused seniors into binding arbitration

In 2016, the Centers for Medicare and Medicaid Services barred nursing homes from forcing their residents into accepting binding arbitration agreements that would move all legal claims into business-friendly fake courts where the proceedings are often secret, and where the presiding fake judges draw their pay from the companies that are accused of malfeasance. Read the rest

A rare class-action victory over Wells Fargo's fake accounts proves binding arbitration sucks

Wells Fargo got caught ripping off millions of customers by setting up fake accounts in their names, then billing them for "services" related to those accounts, sometimes tanking their credit-ratings, costing them jobs, even their houses -- but the company says you're not allowed to sue them because their employees fraudulently signed your name to a "binding arbitration" agreement that forces you to take your case to a fake judge whose salary they pay. Read the rest

Wells Fargo: preventing the customers we ripped off from suing us is doing them a favor

Wells Fargo admits that its employees opened more than 2,000,000 fake accounts in order to run up fraudulent charges against its customers (employees who balked at committing fraud were fired and blacklisted for life from the banking industry); it also says that the customers it stole from can't sue the company because fake account paperwork bearing their forged signatures includes a promise to enter into binding arbitration rather than suing. Read the rest

Inside this Star Wars blanket's box, a card informing you that you've just waived your right to sue

When you open the box for a Storm Trooper snuggie blanket, you'll discover a card telling you that by buying the blanket, you've waived your right to sue the manufacturer and will subject yourself to binding arbitration if your blanket gives you cancer or burns you to death or any of the other bad things textiles can do. Read the rest

Wells Fargo is successfully convincing judges that forged arbitration agreements are legally binding

When you sign up for a Wells Fargo account, you're required to sign an arbitration "agreement" giving up your right to sue the company, and requiring you to have your case heard by an arbitrator paid for by -- and dependent on -- Wells Fargo instead. Read the rest

Wells Fargo says that its customers gave up right to sue by having their signatures forged

Even though disgraced Wells Fargo CEO John Stumpf has left the building, his most outrageous legal theories live on: on Wednesday, the company filed a motion in a federal court in Utah seeking dismissal of a class action suit by the customers it defrauded -- the bank argues that since customers sign a binding arbitration "agreement" when they open new accounts, that the customers whose signatures were forged on fraudulent new accounts should be subject to this agreement and denied a day in court. Read the rest

Al Franken and FCC commissioner Clyburn want limits on forced arbitration

Arbitration was conceived of as a way to allow giant corporations to avoid costly court battles by meeting with a mediator and talking things out: but since the Supreme Court ruled (in a series of mid-1980s cases) that companies could force their customers and employees into arbitration by adding "binding arbitration" clauses to the fine print in take-it-or-leave contracts, the US justice system has gone dark, which an ever-larger proportion of legal action disappearing into the opaque bowels of the arbitration system, where the richest participant usually wins. Read the rest

The privacy wars have been a disaster and they're about to get a LOT worse

In my latest Locus column, The Privacy Wars Are About to Get A Whole Lot Worse, I describe the history of the privacy wars to date, and the way that the fiction of "notice and consent" has provided cover for a reckless, deadly form of viral surveillance capitalism. Read the rest

Pokemon Go players: you have 30 days from signup to opt out of binding arbitration

Like most other online services, Pokemon Go's terms of service are a reboot of the Book of Revelations, full of bizarre horrors, each more grotesque than the last. Read the rest

Fox's employee contracts may mean Gretchen Carlson will never get her day in court

Former Fox News host Gretchen Carlson's sexual harassment suit against her former boss, Roger Ailes, may be dead before its begun, because Fox News makes all its employees sign "binding arbitration" agreements that force them to use a system of private courts that let corporate America make up its own laws. Read the rest

Airbnb stealth-updates terms of service, says it's not an insurer and requires binding arbitration

The March 29 edition of Airbnb's terms of service requires that people who rent out their homes acknowledge that despite the company's widely advertised Host Protection Insurance program, "you understand and agree that Airbnb does not act as an insurer." Read the rest