this post was submitted on 03 Mar 2024
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Could the agreement not force OP to use arbitration if they wanted to sue, making it economically infeasible to do so themselves?
Pretty much all arbitration clauses require the manufacturer to pay for the arbitration. That's the consideration offered by the manufacturer to get the customer to waive their rights to sue.
It's actuaoworked out well for me I the past, because once you start going down the arbitration path, they're more likely to just give you what you want since that'll be cheaper than the arbiter in the end win or lose.
And as Elon found out, mandatory arbitration clauses can come back to bite you, like when a large number of claims have to be paid for separately all at once and can't be consolidated to save costs.