The Center for Justice & Democracy has published a report titled “Kicked Out of Court in 2023 – 50 Cases Showing the Real-World Impact of Forced Arbitration.” The introduction explains:
Mistreatment by tech giants like TikTok. Automobiles and appliances sold with dangerous defects. Nude photos posted online by medical offices. Farms and crops ruined due to corporate indifference. Thefts of lifetime savings due to online security failures. Rampant workplace racism and sexism. Apps that secretly store face biometrics and track keystrokes and mouse clicks. Eyesight damaged due to medical negligence. Wages stolen from traveling nurses. A child hurt by adventure park equipment. Each of these scenarios recently happened and are described more fully in this study—a random survey of 2023 lawsuits. In each case, individuals who were harmed made the decision to go to court seeking to hold a culpable company responsible. But each time, their suits were kicked out of court due to a forced arbitration clause that was buried in a contract they seldom knew they “signed.” The contract may have been written in a foreign language or under duress. The contract may have been with a company that was entirely different from the one committing the wrongdoing. The lawsuit may have already been proceeding in courts for months. Yet they were all still booted out of court.
The report is here.