whenever a company does their "binding arbitration with opt-out" thing, does opting out of it actually legally do anything? is there any reason the company won't just take all the email requests to opt-out of arbitration, and throw them at the next data-collection vendor that happens by? like, "here is a guaranteed batch of users who are computer-savvy enough to hang out in places that know how to opt-out of binding arbitration, ergo, your new audience"
i'm sure there's some way that's actually illegal, but i'd bet you, nobody's actually gone to court about it before, and they'd have a hell of a time proving that's what the company did.
on the other end, if you personally hadn't opted out of binding arbitration, and a class-action suit comes up (and wins), would the court be cross-referencing class-action members to the list of opters-out, and be like, "nope, Person Z didn't opt out, they aren't allowed to claim damages"?
