With Justice Scalia gone from the Court, no one can say what will happen next, with respect to forced arbitration or any other issue. But the exceptionally strong words of Justices Ginsburg and Kagan raise a very real possibility that the Supreme Court's love affair -- with forcing Americans into arbitration even when it lets corporations break the law with impunity -- may finally be over.
As consumers become more knowledgeable about what other consumers are experiencing, the demands for excellent customer service increase. The vast majority of consumers say they will walk out of a store if they receive inadequate assistance from employees. Nowhere is this more impactful than in the luxury market.
Since Republicans gained control of Congress little has been done. The Arbitration Act, which would broadly void forced arbitration contracts, has languished in Congress for six years. A bill to prohibit any school receiving federal student aid from restricting students' ability to pursue legal claims in court likely will not come to a vote.