Arbitration is not about giving you speedy resolution for a complaint you may have against a corporation. Arbitration is making sure that if you have a grievance against a company, you are alone in fighting the corporate wrongdoer. And Corporate America is betting big that you will not have the energy, the resources, or the time to pursue your claim. Let’s be frank: arbitration is a license to steal. As noted in the New York Times, arbitration is designed to make sure you either never figure out you have a claim, or if you do, to make sure it is not worth your time or that of a lawyer to pursue your claim.

The Bill of Rights are enumerated to protect fundamental rights. Notably, those rights, particularly those dealing with a citizen’s access to courts are concerned not only with the actual right, but also the procedural guarantees that are necessary to give substance to the underlying right. For instance, you can have a right to a speedy trial, but that right does not mean much if you also do not have a right to have a counsel assist you in the process. No less is true of a right to a trial by jury. Unilaterally imposing an arbitration clause in your consumer contract, substantively and procedurally denies you a basic right to have a jury of your peers determine whether a corporation has screwed you. They invariably have. Make your consumer voice count.