Re:1.1.1.1: Fast, privacy-first consumer DNS service
by function_seven on Sunday April 01, 2018 @06:02PM
(#16730748)
The arbitration clause is an overarching thing. The customer agrees to it when they legitimately open an account. It covers the entire banking relationship between that customer and the bank. Which is why Wells was able to use it to prevent litigation from their existing customer over the fraudulent accounts.
> "The bank was able to prevent customers from pursuing legal action as the opening of an account mandated customers enter into private arbitration with the bank."
That's really not going to work if the customer didn't intend to open the account. The fact that (by your numbers) average damages among those who were damaged at all were up to $23.50 may have had more to do with lack of legal action by customers.