Comment You can always take them to small claims court (Score 1) 73
Even if there is a forced arbitration clause, they have to spend money to send council to court to defend it (send it to arbitration), or you get a summary judgment. You are giving the company two options, spend to defend their behavior, or let the judge make their customer service decisions for them. The way I see it there are limited outcomes to this approach.
1. The company doesn't defend, the judge issues a summary judgment and the customer walks away with their preferred solution and further tags the company with court costs.
2. The company defends, paying money for council on principal to try to send a chilling effect to others. At best the company gets the case thrown out or sent to arbitration. However, the company is out legal costs and may pursue tagging the customer with those costs. The customer may or may not be able to afford them. If the chilling effect strategy is pursued, the liklihood of recovering those costs is low. If a sufficient number of customers engaged in this, the unrecoverable legal costs for the company could place them in jeopardy and subsequently management could be susceptible to opportunistic shareholders/creditors. This strategy also has a good liklihood of becoming a PR nightmare if not carefully managed.
3. The company and customer negotiate a settlement. That will also incur legal costs and cost more than proper customer service in the first place.
These 3 outcomes rely on the customer actively pursuing legal relief. Companies with deliberately poor customer service are depending on legal remedies not happening.