Comment The Problem is the Federal Arbitration Act (Score 2) 147
For all of you non-lawyers who have not followed Supreme Court caselaw on arbitration, the fault lies with the Federal Arbitration Act. https://en.wikipedia.org/wiki/Federal_Arbitration_Act
In short, the Supreme Court has repeatedly ruled that that Act has such a strong presumption for the validity of an arbitration clause that it is impossible to wiggle out of it.
The next emerging threat is going to be binding arbitration in employment contracts. It already is inserted in many employment contracts, and the only protection at the moment is being offered by the NLRB. See, e.g., http://www.natlawreview.com/article/nlrb-throws-cold-water-mandatory-arbitration-provisions-prohibiting-class-actions-em