Arbitration is still a pretty big money sink for them. If enough people do it then it becomes a problem for them. There have been instances of companies reinstating normal class action lawsuits back into their EULAs because it turned out that forced arbitration wasn't a magical wonderland of cost cutting for them after all. Forced arbitration and especially when they have a clause that forbids class-action arbitration can turn into a huge liability for them even if they nominally win every instance.
The fundamental financial maneuver of the modern world is to take modest risks of modest loss and financially engineer it into a smaller risk of much, much larger loss, with a higher expected loss (risk*size) in the end after the engineering than before. Forced arbitration (and especially when class arbitration is banned) is that manuever in the legal sphere. It isn't a ticket out of the risk entirely, it's shoving that risk under the rug and making it net larger. If you and a few hundred of your closest friends put their minds to it you can trigger that smaller-chance-of-larger-disaster scenario and all you have to do is file... you don't even have to win.
I won't deny it's an uphill battle but the forced arbitration clauses can be turned to consumer's advantage with relatively modest coordination, you just need to get enough annoyed people together.
(I can't help you with this one, I don't have a car with this problem. Your few hundred closest friends will need standing.)
Arbitration is still a pretty big money sink for them. If enough people do it then it becomes a problem for them. There have been instances of companies reinstating normal class action lawsuits back into their EULAs because it turned out that forced arbitration wasn't a magical wonderland of cost cutting for them after all. Forced arbitration and especially when they have a clause that forbids class-action arbitration can turn into a huge liability for them even if they nominally win every instance.
The fundamental financial maneuver of the modern world is to take modest risks of modest loss and financially engineer it into a smaller risk of much, much larger loss, with a higher expected loss (risk*size) in the end after the engineering than before. Forced arbitration (and especially when class arbitration is banned) is that manuever in the legal sphere. It isn't a ticket out of the risk entirely, it's shoving that risk under the rug and making it net larger. If you and a few hundred of your closest friends put their minds to it you can trigger that smaller-chance-of-larger-disaster scenario and all you have to do is file... you don't even have to win.
I won't deny it's an uphill battle but the forced arbitration clauses can be turned to consumer's advantage with relatively modest coordination, you just need to get enough annoyed people together.
(I can't help you with this one, I don't have a car with this problem. Your few hundred closest friends will need standing.)