One of the great benefits of teaching law students is that, frequently, they teach you. I’ve been reading my end of the semester seminar papers and learned more about Fairshake, the entity created to help consumers use the arbitration system to obtain settlements (or hearings) with major companies who have agreed to pay the vast majority (or all) of the costs associated with arbitration. Fairshake’s website (www.fairshake.com) is user-friendly, walking the consumer through the process:
1. You Tell Us What Went Wrong: We review your consumer complaint then create and send an official legal demand on your behalf.
2. We Guide You Through the Legal Steps: Our expert guidance and support brings big companies to the table and helps you navigate the process.
Fairshake claims that it has a 65% success rate, with an average settlement of $700. Without class arbitration, Fairshake is at least some remedy for consumers. Note, of course, that Fairshake takes a commission amounting to “20% of any cash or credits [the individual] get[s] from the company and 10% of any amount deducted from what [the individual] owe[s] to the company.”
Between Fairshake and the law firm representing the DoorDash deliverypersons, consumers and employees are finding some ways to avoid the harm class action waivers create. My thanks to Kelsie H. for putting me on to this topic.