Originally Posted by
RocketGoBoom
Your accusations are not relevant and you presume falsely that my claim was in bad faith.
I did not talk about anything about the claim. However, your OP did make a impression of "let's waste the company $4,900+ and try our luck".
Originally Posted by
RocketGoBoom
Arbitration is far easier in terms of paperwork than even small claims court.
Unfortunately, that is true. Not every state has adopted a statewide form, like California. Service of Process can be also a PITA to many.
Originally Posted by
RocketGoBoom
They gave us an arbitration option in their terms of service, so there is absolutely nothing wrong with using it to your advantage.
It is not an option. You are required to do that. The Small Claims option is available only when the amount in question is below the statutory limit, which varies by states.
Originally Posted by
RocketGoBoom
And I cannot imagine why you would willingly bend over and invite a shady business to steal your money without retaliation.
I have never suggested that. Instead, what I have been expressing is using arbitration as a tool to do this is not wise.
Originally Posted by
RocketGoBoom
There is no danger to arbitration. The only scenario where an arbitrator might award costs is if your claim were frivolous and without any merit.
The schedule you have attached did mention "except as may be required by applicable law".
I honestly don't know what is the definition of "applicable law". But it is a settled issue that a prevailing party is entitled to cost through law or case precedent. So if the arbitrator applies this legal principal to the arbitration against the consumer when the consumer is a losing party, the consumer will be responsible for that $4,900+ of arbitration fee.
Keep in mind - arbitrator's decision is not appealable and is binding.
Originally Posted by
RocketGoBoom
Since that is NOT the situation, arbitrators won't penalize a consumer for bringing an arbitration case under the terms of the contract.
The problem is this is definitely your assumption when the law says otherwise.
Cost recovery is always allowed regardless of faith. Acting in good faith does not mean you are off the hook.
Originally Posted by
RocketGoBoom
The arbitrators are typically grateful that the consumer filed the case. The arbitration case resulted in that local lawyer/arbitrator getting hired for $2,500 per day.
Should the lawyer thank you for it by creating the opportunity and grant your case by default? Now who is sounding more ridiculous?
Originally Posted by
RocketGoBoom
Your suggestion that it is "dangerous" is ridiculous and ignorant.
You have no such right to say that when you have never in the dark side of the arbitration, which I did.
Specifically, while I am prohibited to disclose the detail of such settlement agreement, because of binding arbitration, my settlement was cut for more than 50% minimum.