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This means that any disputes between customers and banks over account fees, identity theft, or other charges will be decided by an arbitrator that the bank helps choose, rather than an impartial judge.
Because arbitration prevents your claims taken seriously, there's no upside to remaining in a mandatory arbitration agreement. Even if you opt out, you can still choose arbitration to settle a dispute, so there's no downside to opting out.
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
Employees who fail to take affirmative steps to opt out of an arbitration agreement may lose the NLRA-provided right to engage in concerted action, which, as Morris recognized, includes the substantive right to engage a class or collective action.
Currently, credit card and bank companies often insert arbitration clauses in their contracts to prevent consumers from banding together to file class-action lawsuits over scams and fraudulent products.