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
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
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
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
Centurylink is a giant, scammy telco notorious for larding its customers' bills with fraudulent charges, and instructing its customer service reps to do everything possible not to waive those charges; they also open fake accounts in their customers' names, a la Wells Fargo, and then rack up charges against them. Read the rest
A class action suit by some of the 3,500,000+ Wells Fargo customers defrauded in the company's fake account scam was foundering in Utah, thanks to the company's insistence that its binding arbitration clauses also applied to the accounts it fraudulently opened (that is, by agreeing not to sue the company for defrauding you over the accounts you opened, you were also agreeing not to sue them if it opened a bunch more accounts and forged your signature on the papers). Read the rest
The Consumer Financial Protection Bureau (previously) is practically the only US regulator we can be proud of -- founded by Elizabeth Warren before she ran for the Senate, the CFRB is a consumer protection agency that has been at the forefront of reining in criminal activities like Wells Fargo's nationwide frauds and Equifax's dox attack on the USA, as well as being the best defense Americans have against predatory loan-sharks masquerading as "payday lenders," abusive debt-collectors, racial discrimination in lending, and the student loan racket. Read the rest
Katie Van Fleet has suffered 15 identity thefts since the Equifax breach and she believes the criminals who've targeted her are using information from the breach to open credit cards in her name; she's started a class-action suit against Equifax. Read the rest
Senators Bob Corker, Jeff Flake and John McCain talk a big game about not letting the GOP be the handmaiden of trumpist corruption, but when the chips were down last night, they voted with their party and a tie-breaking vote from Vice President Handmaid's Tale to pass legislation that lets financial institutions take away your right to sue them when they defraud you. Read the rest
One of the major triumphs of Elizabeth Warren's Consumer Financial Protection Bureau was a rule that banned the finance industry from using binding arbitration clauses to prevent defrauded customers from joining in class action suits to sue crooked banks. Read the rest
During the five weeks after hackers stole 143 million Americans' data from Equifax, and while its execs were selling off their stock by the millions, the company sprang into action, producing an insecure site for checking whether your own data was breached that produces the same output no matter what name and SSN you input. Read the rest
Before Equifax doxed 143 million Americans (but after it had suffered repeated smaller breaches that should have alerted the company to deficiencies in its security), it directed its lobbying body, the Consumer Data Industry Association, to pressure the Consumer Financial Protection Bureau to exempt credit-reporting bureaux from a soon-to-begin rule banning binding arbitration clauses in user agreements. Read the rest
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
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
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 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
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
