How Companies Use Terms of Service Against You

Brendan Ballou talks about his new book “When Companies Run the Courts,” which examines the increase and potential decline of forced arbitration. In a conversation with host Nilay Patel, Ballou explains the pervasive nature of forced arbitration, where consumers unknowingly waive their rights to class-action lawsuits when accepting terms of service. High-profile cases, like Disney’s attempt to compel arbitration in a wrongful death suit, highlight its unfairness to consumers. Ballou’s book explores the legal evolution leading to this situation and potential remedies. He also discusses ongoing legal actions against major corporations like Paramount over alleged corrupt practices. The interview further delves into the influence of Supreme Court justices, particularly Antonin Scalia, on arbitration law, and explores broader issues of corporate power and justice. Ballou argues for transparency and fairness in arbitration and suggests legislative reforms to limit its negative impact.