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sporkme
drop the crantini and move it, sister
Premium,MVM
join:2000-07-01
Morristown, NJ

This is legal why?

When you have little choice in the services you buy and they all contractually require arbitration, and the deck is stacked against you, how is this even legal?
--
Dogma is the problem.

swhx7
Premium
join:2006-07-23
Elbonia

Re: This is legal why?

A very good question. The law ought to impose some limits on what businesses can require in exchange for products or services. Money is OK, but they should not be allowed to require people giving up basic constitutional rights.

If no limits are imposed by law, and the trend continues, it will eventually amount to a virtual repeal of the 13th amendment.
moonpuppy

join:2000-08-21
Glen Burnie, MD

Re: This is legal why?

said by swhx7:

A very good question. The law ought to impose some limits on what businesses can require in exchange for products or services. Money is OK, but they should not be allowed to require people giving up basic constitutional rights.

If no limits are imposed by law, and the trend continues, it will eventually amount to a virtual repeal of the 13th amendment.
Problem could be that these services are NOT necessities and therefore can determine their own rules...to a point.

swhx7
Premium
join:2006-07-23
Elbonia

Re: This is legal why?

Cable and phone aren't necessities, in the sense you won't die without them. But internet is becoming an increasingly important part of modern life. A credit card isn't necessary in a strict sense, but you can't travel for business without one, and this places a severe limit on a career. Without the credit history you may not get approved for a mortgage, and apartment complexes may soon have the arbitration clauses, if they don't already, so keeping your right to have disputes resolved according to law may soon mean being homeless. What is the standard of "necessity"?

What it amounts to is, if there are no limits on these "contracts of adhesion", then to keep fundamental rights that the authors of the Constitution intended for everyone, you will have to be a hermit like Kaczynski, exiled from society.

So far it's only access to the judicial system that corporations are requiring citizens to give up. Later it may be freedom of speech, travel, privacy, assembly, and more.
Ahrenl

join:2004-10-26
North Andover, MA

Re: This is legal why?

It requires you to go to court (and pay for it) twice. Once to appeal the illegal arbitration clause. (which shouldn't be too difficult). Once to hear the actual case.
moonpuppy

join:2000-08-21
Glen Burnie, MD
said by swhx7:

But internet is becoming an increasingly important part of modern life.
Until it is, it will be considered a luxury. At one time, phones were considered a luxury. They changed and so can internet but until that time, we are stuck.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Because Big business and they lobbyists rule the land, and our "Representatives" do nothing to represent our interests.

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