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Wednesday, April 29, 2015



That's great. Unfortunately, it seems like as long as mandatory arbitration clauses are allowed, these kinds of laws will be limited in their power. Require the customer pay the cost of arbitration, and require disputes about the enforceability of both the arbitration clause and the non-disparagement clause to be decided by an arbitrator. Consumers will have to pay an arbitrator to get the company off their backs. If company sets the non-disparagement cost below the cost of arbitration, they will win every time.

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