I am somewhere between a Luddite and a techie, finding prudence in patience when it comes to technology purchases. But since purchasing an iPhone one year ago, which has text-to-speech capabilities, I find myself wanting to obtain the next version of the so-called smartphone. The iPhone has various adaptive features, such as reading the many text-based missives I transmit out loud, not to mention paperwork involved in financial transactions. When I acquire that upgrade, I will do well to read the agreement paperwork.

How many of us, even lawyers, closely review an agreement when purchasing the latest iPhone? And yet, is that not perhaps the height of folly? Imagine this as compounded by being a lay citizen who has not sat, if painfully, through contract law and who has learned glibly about the array of doors to the courthouse, including alternative dispute resolution.

According to a statement issued in May 2015 by 58 members of Congress, which appeared on the website of the House Judiciary Committee, “Forced arbitration clauses are often buried deep within the fine print of financial products and service contracts, harming American consumers by depriving them of their day in court even when companies have violated the law.”

In my experience with notifications from credit card companies, the “opt-out” option of an arbitration clause for my account disputes will result in my account being closed, should I not accept the mandatory arbitration requirement. How is that “opting out”? In reality, it means I am forced into an adhesion contract.

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