Analysis Of The New York Times By Jessica Silver Greenberg And Robert Gebeloff
(3) Silver-Greenberg, J., & Gebeloff, R. (2015, November 1). Arbitration Everywhere, Stacking Deck of Justice. The New York Times. Retrieved October 30, 2016, from http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?oc=00240&hnsd=f&hgn=t&lni=5H8R-MRG1-JBG3-608D&hns=t&perma=true&hv=t&hl=t&csi=237924&secondRedirectIndicator=true.
This article is written by Jessica Silver-Greenberg and Robert Gebeloff, who are both reporters for The New York Times. It is argued that credit card contracts that include arbitration clauses prevent customers from joining together in class-action lawsuits, disabling them from challenging the company’s practices. Because many Wall Street corporations in effect have banned class-action lawsuits, with the aid of Alan S. Kaplinsky, many customers have dropped cases against them, since the cost of arbitration would exceed the monetary award, even though companies have argued that it costs less than litigation.
The article than goes in to the history of how the U.S. Supreme court ruled in favor arbitration clauses in both the AT&T Mobility LLC v. Concepcion case and in a Case involving American Express and a small restaurant called Italian Colors. Based on these rulings, it was made possible that arbitration agreements could prevent class-action lawsuits. The article concludes by citing that although small claims court is still an option for many consumers, without class-action lawsuits, discriminatory labor practices will…