You’d presume so, but in fact they cannot. The reason that so many companies adopted forced arbitration was explicitly because it made such actions uneconomical for consumers to actually enter arbitration.
The moment large groups of individuals start making use of the forced arbitration every company has tried to get the courts to let them get out of arbitration that they inflicted on others.
It is well established that forced arbitration has nothing to do about efficiency for company vs individual and is specifically because it is a system designed to protect companies from culpability.
I was a licensed arbitrator. I am aware of how arbitration works and what it is supposed to accomplish.
My point was that a business with at least 60000 customers is not a very small business. It's a sizable business that should have the resources to defend itself in the 60000 arbitration cases that it chose to force upon its customers.
Sorry, I just want to clarify as I may have misread "should" (English is a marvelous language :D )
Are you saying that you expect them to have the resources, or are you saying that the businesses should be budgeting to support responding to large scale arbitration?
The moment large groups of individuals start making use of the forced arbitration every company has tried to get the courts to let them get out of arbitration that they inflicted on others.
It is well established that forced arbitration has nothing to do about efficiency for company vs individual and is specifically because it is a system designed to protect companies from culpability.