I'm not optimistic about revisiting contract law for this abuse. The grounds might be adhesion (I'm drawing a blank for other grounds but haven't had coffee yet) but those attacks haven't been successful since time immemorial (exaggeration?). After the coming change in government Congress needs to reign the Federal Arbitration Act back in to its intended purpose, that of encouraging ADR in B2B environments, and sew some testicles onto an aggressive FTC.
The role for government to step in and aggressively resolve unfair trade practices is clear when arbitration is forced on monopoly customers and customers for whom there is no ability to meaningfully negotiate contract terms.
The role for government to step in and aggressively resolve unfair trade practices is clear when arbitration is forced on monopoly customers and customers for whom there is no ability to meaningfully negotiate contract terms.