"binding arbitration"

Want a ride in a Lyft? Just sign away your right to sue if they kill, maim, rape or cheat you

Spotted today in my Lyft app: a new set of terms and conditions that require you to "agree" to binding arbitration (an onerous condition heretofore reserved for downtrodden drivers), through which you agree to waive your right to join class action suits or pursue legal redress through the courts should Lyft, through its deliberate actions or negligence, cause you to be killed, maimed, raped or cheated -- something that, not coincidentally, Lyft is in a lot of trouble over at the moment. Read the rest

Google continues to funnel vast sums to notorious climate deniers

Google and the other big tech companies are some of the most lavish funders of climate denial "think tanks" and lobbying groups, something they've been at continuously for more than six years, without interruption. Read the rest

Propublica finds millions of Americans' medical images and data sitting on unprotected, publicly accessible servers

An investigation by Propublica and Bayerischer Rundfunk found 187 servers hosting more than 5,000,000 patients' confidential medical records and scans (including a mix of Social Security numbers, home addresses and phone numbers, scans and images, and medical files) that were accessible by the public, "available to anyone with basic computer expertise." Read the rest

Chase customers have ONE MONTH left to opt out of binding arbitration

Ten years ago, Chase was forced to withdraw the binding arbitration clauses in its credit card agreements as part of a settlement in a class-action suit (the company was accused of conspiring with other banks to force all credit-card customers to accept binding arbitration) (one of the things binding arbitration does is deprive you of your right to join class-action suits!). Last May, the company stealthily reintroduced the clauses, and gave customers until August 7 to notify the company in writing if they do not agree to binding arbitration. You have ONE MONTH LEFT to opt out. Read the rest

Public outcry has killed an attempt turn clickthrough terms of service into legally binding obligations (for now)

On May 21, the American Law Institute -- a kind of star chamber of 4,000 judges, law professors, and lawyers -- was scheduled to pass a "restatement" of the law of consumer contracts, with the plan being to codify case-law to ensure that terms of service would be treated as enforceable obligations by US courts. Read the rest

Chase credit cards quietly reintroduce the binding arbitration clauses they were forced to eliminate a decade ago

Binding arbitration is a way for corporations to force you to surrender your legal rights as a condition of doing business, relegating you to seeking redress for breaches and harms by going before a paid arbitrator who is in the employ of the company that harmed you, and who almost always sides with their employer. Read the rest

A self-appointed wing of the American judicial system is about to make it much harder to fight terms of service

The American Law Institute is a group of 4,000 judges, law profs and lawyers that issues incredibly influential "restatements" of precedents and trends in law, which are then heavily relied upon by judges in future rulings; for seven years they have been working on a restatement of the law of consumer contracts (including terms of service) and now they're ready to publish. Read the rest

Google ends forced arbitration contracts for workers after googler uprising

The waves of protests and walkouts that swept Google last year had many grievances and concerns, from the company's Pentagon contract to supply AI for drones to the secret creation of a censored search tool for the Chinese market, but one central flashpoint was the revelation that the company had paid Android exec $90 million to quietly leave the company after a string of disturbing sexual harassment and abuse incidents came to light. Read the rest

After promising health care execs that Medicare for All was dead, Pelosi's team plans toothless pharma deal

If there's one issue that the Democrats could win votes with, it's limits on pharmaceutical prices, because virtually every American agrees that we're being ripped off by Big Pharma (and that goes double for Obama Democrat voters who switched to being Trump voters in 2016). Read the rest

After #MeToo, whole industries have been blacklisted by insurers for sexual harassment liability coverage

A new report from Betterley Risk Consultants, shared with The Intercept, reveals that many of the world's largest insureres will no longer conside whole industries for "employment practices liability insurance" (EPLI), which covers liability from "sexual harassment, sex discrimination, and other employee claims." Read the rest

Google Walkout meets #MeToo in a new anti-arbitration campaign

When outraged googlers walked off the job last year to protest the company's practice of secretly paying off serial sexual assaulters and harassers, while denying employees the right to sue over harassment through arbitration clauses in their contracts, Google CEO Sundar Pichai promised revise Google employment contracts to remove mandatory arbitration for individual sexual harassment claims. Read the rest

Ontario court rules that Uber can't use arbitration to keep its drivers from suing it

The Ontario Court of Appeal has ruled that Uber can't use binding arbitration "agreements" to stop its drivers from joining a class action suit against the company; the court held that the arbitration clause was "illegally outsourcing an employment standard." Read the rest

Uber forces its drivers to arbitrate, rather than sue, but Uber also won't arbitrate

Binding arbitration agreements were formalized in 1925, allowing two corporate entities of roughly equal size to resolve their disputes outside of a court, saving both parties a lot of money, but since then, the primary use of arbitration is to force employees, customers, patients and other comparatively weak parties to surrender their right to sue (or join class actions) as a condition of going to work, seeking care, or simply shopping. Read the rest

Companies keep losing your data because it doesn't cost them anything

Data breaches keep happening, they keep getting worse, and yet companies keep collecting our data in ever-more-invasive ways, subjecting it to ever-longer retention, and systematically underinvesting in security. Read the rest

The new Pixel phone has a bizarre, obscure "opt out" arbitration waiver

Binding arbitration is corporate America's favorite dirty trick: to use a product, you are forced to give up your right to sue if the company hurts you, cheats you, or even kills you. Read the rest

Uber and Lyft agree to stop forcing driver sexual assault victims into arbitration, confidentiality agreements

Ride-sharing services Uber and Lyft have now both stated that they will no longer force victims of sexual assault into non-binding arbitration, as has been the practice of both firms until today. Read the rest

An upcoming Supreme Court ruling could force all workers into forced arbitration, deprived of the right to class lawsuits

One of the cases that the Supreme Court heard this season was NLRB v. Murphy Oil USA, Inc. which rolls up several cases where employers are hoping to establish that they can force prospective employees to sign a mandatory arbitration waiver as a condition of employment; if they prevail, the majority of workplaces in America will likely adopt the practice. Read the rest

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