AT&T long tried to use fine print to try and ban their customers from suing them via class action, instead forcing users into binding arbitration where corporations win more often than not
. Despite the fact that many lower courts repeatedly declared such activity violated user rights and was "unconscionable," the Supreme Court last year ruled in AT&T's favor
, opening the flood gates for every corporation to include this language in their TOS. Sony quickly added such a provision, as did video game powerhouse Electronic Arts. Thanks to AT&T, most ISPs and companies now include the language.
making the shift very clear:
Since the arbitration companies are working for the corporation you're filing a complaint against, they're not really "neutral," and in the credit card industry arbitrators file in favor of their employer roughly 95% of the time
. As an interesting side note, user drjp81
notes that Netflix is also trying to impose this language on Canadian users, despite a Canadian Supreme Court ruling
and laws in at least three Provinces (Canadians can correct me if I'm wrong) that prohibit such restrictions.