Forced arbitration: Difference between revisions
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'''[[wikipedia:Arbitration|Forced arbitration]]''' is a practice in which businesses can require their customers to resolve disputes through arbitration, instead of a traditional court system. Per Wikipedia: "Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision." | '''[[wikipedia:Arbitration|Forced arbitration]]''' is a practice in which businesses can require their customers to resolve disputes through arbitration, instead of a traditional court system. Per Wikipedia: "Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision." | ||
== Origins == | ==Origins== | ||
In 2011<ref>''American Express v Italian Colors Restaurant'', 133 S. Ct. 2403 (2013); ''AT&T Mobility LLC v. Concepcion'', 131 S. | In 2011<ref>''American Express v Italian Colors Restaurant'', 133 S. Ct. 2403 (2013); ''AT&T Mobility LLC v. Concepcion'', 131 S. | ||
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*Bandcamp Terms of Service, as of 2025-10-20. In addition, users in countries where forced arbitration is not allowed cannot use the service: "Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section."<ref>{{Cite web |title=Bandcamp Terms of Use |url=https://bandcamp.com/terms_of_use |url-status=live |archive-url=https://web.archive.org/web/20251013161152/https://bandcamp.com/terms_of_use |archive-date=2025-10-13 |access-date=2025-10-20 |website=Bandcamp}}</ref> | *Bandcamp Terms of Service, as of 2025-10-20. In addition, users in countries where forced arbitration is not allowed cannot use the service: "Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section."<ref>{{Cite web |title=Bandcamp Terms of Use |url=https://bandcamp.com/terms_of_use |url-status=live |archive-url=https://web.archive.org/web/20251013161152/https://bandcamp.com/terms_of_use |archive-date=2025-10-13 |access-date=2025-10-20 |website=Bandcamp}}</ref> | ||
*CNN Terms of Service, as of 2025-10-13 "14. CLASS ACTION AND JURY TRIAL WAIVER" <ref>{{Cite web |title=CNN Terms Of Use |url=https://www.cnn.com/terms0 |archive-url=https://web.archive.org/web/20251014030156/https://www.cnn.com/terms0 |archive-date=2025-10- | *CNN Terms of Service, as of 2025-10-13 "14. CLASS ACTION AND JURY TRIAL WAIVER" <ref>{{Cite web |date=May 12, 2025 |title=CNN Terms Of Use |url=https://www.cnn.com/terms0 |archive-url=https://web.archive.org/web/20251014030156/https://www.cnn.com/terms0 |archive-date=2025-10-14 |access-date=2025-10-13 |website=[[CNN]]}}</ref> | ||
*Indeed Terms of Service, as of 2025-08-22 - Section D: General Terms for All Users - 12. Arbitration Agreement<ref>{{Cite web |title=Terms of Service |url=https://www.indeed.com/legal#d12 |url-status=live |archive-url=https://web.archive.org/web/20250825081104/https://www.indeed.com/legal#d12 |archive-date=2025-08-25 |access-date=2025-09-02 |website=[[Indeed]]}}</ref> | *Indeed Terms of Service, as of 2025-08-22 - Section D: General Terms for All Users - 12. Arbitration Agreement<ref>{{Cite web |title=Terms of Service |url=https://www.indeed.com/legal#d12 |url-status=live |archive-url=https://web.archive.org/web/20250825081104/https://www.indeed.com/legal#d12 |archive-date=2025-08-25 |access-date=2025-09-02 |website=[[Indeed]]}}</ref> | ||
*Instagram Terms of Use - Section 7.4 - How We Will Handle Disputes<ref name=":0" /> | *Instagram Terms of Use - Section 7.4 - How We Will Handle Disputes<ref name=":0" /> | ||
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*[[Zoom]]'s Terms of Service, Section 27.1, says: "You and Zoom agree that any dispute or claim between you and Zoom arising out of or relating to this Agreement or the Services (a “Dispute”), including any related software, hardware, integrations, advertising or marketing communications, your account, or any aspects of your relationship or transactions with Zoom, will be resolved by binding arbitration, rather than in court."<ref>{{Cite web |date=11 Aug 2023 |title=Zoom Terms of Service |url=https://www.zoom.com/it/trust/terms/?cms_guid=false&lang=null |url-status=live |access-date=4 May 2025 |website=[[Zoom]] |archive-url=http://web.archive.org/web/20251021031940/https://www.zoom.com/it/trust/terms/?cms_guid=false&lang=null |archive-date=21 Oct 2025}}</ref> | *[[Zoom]]'s Terms of Service, Section 27.1, says: "You and Zoom agree that any dispute or claim between you and Zoom arising out of or relating to this Agreement or the Services (a “Dispute”), including any related software, hardware, integrations, advertising or marketing communications, your account, or any aspects of your relationship or transactions with Zoom, will be resolved by binding arbitration, rather than in court."<ref>{{Cite web |date=11 Aug 2023 |title=Zoom Terms of Service |url=https://www.zoom.com/it/trust/terms/?cms_guid=false&lang=null |url-status=live |access-date=4 May 2025 |website=[[Zoom]] |archive-url=http://web.archive.org/web/20251021031940/https://www.zoom.com/it/trust/terms/?cms_guid=false&lang=null |archive-date=21 Oct 2025}}</ref> | ||
== Legal cases<!-- Want to add more? this baby is chalk full of them! https://www.centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans#_ftn4 --> == | ==Legal cases<!-- Want to add more? this baby is chalk full of them! https://www.centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans#_ftn4 -->== | ||
Many cases, often class actions, were turned away because of forced arbitration clauses, below is an incomplete list of consumer protection cases shut down by forced arbitraton.<!-- As always, please ensure chronological organization! --> | Many cases, often class actions, were turned away because of forced arbitration clauses, below is an incomplete list of consumer protection cases shut down by forced arbitraton.<!-- As always, please ensure chronological organization! --> | ||
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|'''''G.G. v. Valve Corp., No. 2:16cv01941, 2017 U.S. Dist. LEXIS 50640''''' | |'''''G.G. v. Valve Corp., No. 2:16cv01941, 2017 U.S. Dist. LEXIS 50640''''' | ||
|2017 | |2017 | ||
|[TBA] - Lawsuit against valve over CS:GO loot boxes being gambling, compelled into arbitration | |[TBA] - Lawsuit against valve over CS:GO loot boxes being gambling, compelled into arbitration | ||