Arbitration changed liability's shape

Arbitration clauses did not remove liability

What it is

Class action waivers worked, so plaintiffs' firms switched to mass arbitration: thousands of individual filings, each carrying a filing fee the company must pay.

Why it matters

For a consumer, the practical effect is that the remedy still exists but is slower, less visible to the public, and produces no precedent. For a small business writing its own terms, it is a caution that an aggressive arbitration clause can be turned around.

Companies and rows it touches

Mass-arbitration investigations reportedly announced by plaintiffs' firms against Lowe's and Newegg over website tracking (not independently verified this pass). The tactic exists precisely BECAUSE the class waiver succeeded.

Where to look

Online Retailers (Lowe's, Newegg); Arbitration column across all tabs