Consumer Arbitration Agreements: 10.7.4.4 Unconscionability Challenges
This subsection considers the unconscionability of unfair mass arbitration procedures imposed on the worker or consumer by either the arbitration provider’s rules or by the arbitration provision itself. A successful challenge to the mass arbitration procedures may result in the entire arbitration provision being invalidated, allowing individual or class claims to proceed in court, or to proceed as a mass arbitration without the unconscionable procedures.