FORCED ARBITRATION CLAUSES STRIP CONSUMER RIGHTS

Brendan Ballou, founder of the Public Integrity Project and author of When Companies Run the Courts, describes forced arbitration as a pervasive mechanism that sidelines traditional legal systems. These clauses, hidden in lengthy terms of service documents, require customers to resolve disputes through private arbitration rather than public courts. The impact is significant: arbitration typically favors corporations, removes public accountability, and prevents class action lawsuits that might otherwise hold companies accountable for widespread harm. Ballou previously wrote Plunder, examining how private equity reshaped American industries. His latest work explores how corporations increasingly bypass the judicial system to resolve conflicts on their own terms. Forced arbitration now appears in contracts for financial services, healthcare, employment, consumer products, and digital platforms. Legal experts argue the practice undermines access to justice and shifts power further toward large corporations.