> Do you think they should have listed “draft an arbitration claim,” on their enrollment prerequisites?
Unless you’re a total numpty, you can learn online how to draft an arb claim. And even if you are a numpty, you should be be to find—in a half-decent cohort—someone who can do this.
The issue is rarely ability. It’s learned helplessness in the face of the legal system. The anxiety, not ability, is the limiting factor.
The company targeted the poor, single mothers, reformed convicts, and other disadvantaged groups. They tend to lack the free time or guidance to navigate these situations. If this work is trivial to you, I am happy to connect you with them to provide your services.
> If this work is trivial to you, I am happy to connect you with them to provide your services
It is. I won't because this isn't something I care deeply about. The question is whether they would have been better off without arbitration, and the answer is no.
The problem is never arbitration. The problem is mandatory pre-dispute arbitration agreements which have, after considerable research, shown to be a negative for consumers. If it were really better you could always select arbitration as a part of the ADR process during during a standard Civil suit.
This is also an area I care deeply about. And have read north of 2000 pages of cases, analysis, and position papers on the topic.
I also have a list of about 90 more documents to read. Slow but steady progress.
In January, a class action lawsuit was rejected by a judge due to the arbitration agreement in the contracts. The whole reason class action suits exist is to save thousands of people from having wage individual fights. If it had gone through, the victims could have done nothing and woken up one day to an email saying, "Your debts are clear."
I honestly can't think of a clearer example of arbitration agreements screwing people over.
