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Let the user choose. Arbitration is great for small things, not huge damages. Court is better for that.
If companies always try to force arbitration on users I have my doubts about how good it is for us.
Which is why it’s best to let the user choose rather than force one or the other.
The reason why we always hear about companies forcing arbitration is because arbitration is best for them when it comes to the big stuff that the news report on, compared to court.
The reason why we never hear about the opposite is twofold:
it doesn’t happen as often and
“yamanii didn’t get their refund approved even though they were entitled to according to the rules” isn’t something that makes headlines or even makes it to court.