Interesting article. Cool fact: you can still sue.
They're probably counting on the fact that most people can't afford to individually sue over credit card issues. Class action suits are not allowed under the forced arbitration clause. So, Chase can still screw people over with impunity, should they decide to do so.
I'm not against arbitration. I don't think it's some kind of trap. I was under the impression that most people who do arbitration like it? I had a buddy nail somebody in arbitration so I wouldn't assume prima facie that it's rigged.
I've never been to arbitration and I prefer litigation because I'm a shark. I would assume, while admitting that I don't really know what I'm talking about, that litigation is less formal and so if you're not into procedural motherfuckery, then this venue would suit most interested parties. Most attorneys that I know prefer venues that they see as fair. Most good attorneys assume that they're going to win in a fair venue, or at least get a fair settlement.
Can't you sue the arbitration company if they act in bad faith? Is the arbitration process itself discoverable if litigation does result? Seems like you know more about it than I do. Sorry for my lack of experience with arbitration. Obviously, Chase are probably bastards.
I would think that a judge would be the ultimate determiner of if a class action suit could be heard. All you really need is a judge to be willing to hear the case.
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