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

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

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

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

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

Back in January, an Ontario court ruled that Uber's arbitration clause couldn't keep its drivers from suing it; Uber has appealed to the Supreme Court of Canada, which has taken up the case and will hear arguments about whether arbitration clauses (through which the parties surrender the right to sue in court) are enforceable in "adhesion contracts" (contracts that are not negotiated, where one party has much less power than the other, such as in click-through agreements). Read the rest

Forced arbitration "agreements" are how corporate America gets workers, tenants and customers to sign away their legal rights, substituting kangaroo courts where the "judge" is a lawyer paid by the corporation that abused you, and where the rules are whatever the corporation says they should be; The FAIR Act invalidates the use of arbitration to settle disputes over employment, consumer rights, antitrust and civil rights; it has 147 co-sponsors in the House and 34 in the Senate (all Democrats -- Republicans love forced arbitration!), and its only hope of passing is if Democrats nuke the filibuster rule the next time they control the House, Senate and Presidency (that is, in 2020). Read the rest

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