[HN Gopher] Tesla's Direct Sales Model Helps It Thwart Customer ...
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       Tesla's Direct Sales Model Helps It Thwart Customer Lawsuits
        
       Author : reaperducer
       Score  : 15 points
       Date   : 2022-12-19 20:49 UTC (2 hours ago)
        
 (HTM) web link (www.nytimes.com)
 (TXT) w3m dump (www.nytimes.com)
        
       | rdtwo wrote:
       | Aren't you better off doing arbitration for small stuff? The
       | company eats a bunch of the arbitration costs
        
         | mrguyorama wrote:
         | Most arbitration agreements let the big company choose who does
         | the arbitration. If you have the choice of giving a single
         | consumer a fair deal, or keeping a giant client, which option
         | is going to be chosen most of the time?
         | 
         | Court in america is pretty much expensive on purpose, as a way
         | to give only rich people more access.
        
           | lesuorac wrote:
           | > Court in america is pretty much expensive on purpose, as a
           | way to give only rich people more access.
           | 
           | If your problem is not worth spending $40 [1] then it's also
           | probably not worth having a Judge, Court Recorder, and 2+
           | people's time.
           | 
           | [1]: https://www.njconsumeraffairs.gov/News/Consumer%20Briefs
           | /sma...
        
           | DannyBee wrote:
           | Actually, most require both parties agree on the arbitrator.
           | 
           | In fact, everything in this comment is wrong. You should go
           | read JAMS or AAA rules (which have existed and been
           | reasonable well before any of the current irrational hate for
           | anything but court)
           | 
           | Court is not expensive on purpose. It's expensive because
           | super long, involved, processes that involve tons of formal
           | interviews, depositions, document production, and document
           | review, is just not cheap to run or do.
           | 
           | It's also unnecessary to reasonable outcomes the vast
           | majority of the time, which is why ADR methods exist.
        
         | olliej wrote:
         | The reason for forced arbitration - aside from the unavoidable
         | bias on the part of the arbitrator - is that many claims simply
         | are not worth the costs required for a single victim. Eg it's
         | "efficient" in the sense that it means people can't pay
         | practically recover costs, so don't try, this saving the
         | company money.
         | 
         | For example: say a Company sells something with a known defect
         | that costs $200 to repair. No on is going to hire a lawyer for
         | a $200 bill on their own. So by forcing arbitration the company
         | avoids having to pay for damages they cause.
         | 
         | We know that this is the sole reason for forced arbitration-
         | not efficiency, etc that such corps claim - because whenever
         | people do get together and then say "fine, have a tens of
         | thousands of arbitration cases" companies try to get out of
         | their own forced arbitration contracts.
        
       | oxfeed65261 wrote:
       | FTA: "Tesla buyers can opt out of arbitration, and preserve their
       | right to a trial, by sending a letter to the company within a
       | month of buying a car. But few are aware of or exercise that
       | option, plaintiff's lawyers said."
        
         | [deleted]
        
       | joshmn wrote:
       | https://archive.ph/60zHr
        
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       (page generated 2022-12-19 23:02 UTC)