By Katelynn Burke

It would take the average American 250 hours per year to read all of their clickwrap contracts.

Clickwrap contracts are online agreements that users agree to by clicking a button or checking a box that says “I agree".”

Courts will consider the visibility of these contracts, not whether the average consumer reads them.

Clicking “agree” on clickwrap contracts creates a real and enforceable contract.

Generally, if the contract is valid, so is the arbitration clause.

More and more agreements and contracts now include provisions that bind consumers into forced arbitration, even if the consumer wants otherwise.

These provisions are not easy to find, often hidden in the fine print. Forced arbitration may be referred to in many ways, such as “binding mandatory arbitration”, “arbitration”, “mandatory arbitration”, or “dispute resolution mechanism.”

Less power to the consumer

No class action suits

No public consequences for corporations

All of it happens in secret

Arbitration clauses ensure that the lawmakers and the public are unaware of current disputes between consumers and companies.

Addressing issues that arise as a result of changing technology requires knowing what this issues are.

Banning arbitrait on in clickwrap contracts is the first step in creating more just clickwrap contracts for the modern age.

1. There is a Legal Solution

In 2023 the Forced Arbitration Injustice Repeal Act was introduced in the Senate. The bill prohibited forced arbitration agreements if the arbitration involved an employment, consumer, antitrust, or civil rights dispute.

2. Use Your Voice

Congress has banned arbitration clauses int he past, such as in employment contracts for sexual harassment. Contact your local lawmaker and convince them to support this bill!