I had a similar experience with Clear (wireless) and the binding arbitration clause in their ToS. When I called to opt out (because one cannot do so online, of course :-/ ) I was transferred 6 times and in the end the drone finally gave up and just asked if putting a note in "my file" would be sufficient. At that point, I think we were equally frustrated with one another and I settled.

But I can easily imagine some lawyer-type dreamed up such a clause but failed to tell anyone else in the business about it.