ABSTRACT
Tens of millions of workers and consumers have signed contracts with two increasingly common clauses: one forces the individual to arbitrate rather than litigate any and all disputes, and the other waives their right to participate in class action lawsuits.
The Supreme Court has repeatedly upheld these contracts under the Federal Arbitration Act, reasoning that arbitration agreements should be enforced according to their terms, including those with class waivers. As a result, they have rapidly spread. This phenomenon worsens the access to justice crisis, prevents accountability, deprives the public of oversight, and precludes millions from vindicating their rights. Class action lawsuits are often the only way to pursue small claims that affect many people, and without a group mechanism, legal claims over basic rights violations have been systematically foreclosed …
Fritz-Mauer, Matthew, Naked Class Waivers (December 27, 2022).
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