Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or shop online without agreeing to private arbitration. The same applies to getting a job, renting a car or placing a relative in a nursing home. By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices. Some state judges have called the class-action bans a “get out of jail free” card, because it is nearly impossible for one individual to take on a corporation with vast resources. By banning class actions, companies have essentially disabled consumer challenges to practices like predatory lending, wage theft and discrimination, court records show.
“This is among the most profound shifts in our legal history,” William G. Young, a federal judge in Boston who was appointed by President Ronald Reagan, said in an interview. “Ominously, business has a good chance of opting out of the legal system altogether and misbehaving without reproach.”
TLDR individual arbitration is short hand for banning class action lawsuits, which means you have a 99% chance of breaking any law a corporation wants so long as the damages are less than the amount a person is willing to sue individually for.
My favorite part is where the libertarian thinks class action lawsuits are for ambulance chasing lawyers...until he needs a class action lawsuit himself. Then all of a sudden, he's singing a very different tune about how awful corporations are and their nasty deceptive contracts.
Solutions are limited to Congressional action unless both Roberts, Scalia and Thomas all croak before another Republican hits the presidency. I suppose if we keep letting corporations screw everyone and anyone, eventually enough poor Republicans will get hit that they'll eventually change their minds.