When Companies Run the Courts

The definitive exposé of forced arbitration, the secret justice system that protects abusers, employers, and powerful corporations

“Ballou is one of our most insightful analysts of the modern American legal system. This careful study should be required reading.” —Simon Johnson, Nobel Laureate and coauthor of Power and Progress

America has a hidden justice system. There, decisions are made in secret, and “judges” are paid for by the companies and abusers who are being sued. Victims usually lose. But when they do, they cannot appeal, and they cannot turn to real courts for help.

They are trapped in this system, and quite likely, so are you. You joined it when you accepted the Terms and Conditions on a website, opened a new credit card, or started a new job. When you did, you agreed to be shunted into this secret justice system, called “forced arbitration.” Through its secrecy and corruption, forced arbitration helps companies cheat their workers, helps banks deceive their customers, and helps predators act with impunity. If companies and the very powerful often seem beyond the reach of the law, it’s because they are, and forced arbitration is the reason.

Yet despite the fact that forced arbitration profoundly shapes our lives, almost nothing has been written about it. Brendan Ballou’s When Companies Run the Courts changes that. It shows how forced arbitration came to be, how it makes your life worse, and how we might stop it. 

• “Ballou is one of our most insightful analysts of the modern American legal system. This careful study should be required reading for anyone concerned with how the courts really work—and what can be done to make the judicial system fairer. Forced arbitration is a serious problem that needs to be confronted head-on. Ballou shows us the way.” 
  Simon Johnson, Nobel Laureate and coauthor of Power and Progress
• “Ballou exposes a made-for-TV story of wealthy corporations collaborating with Republican-controlled courts to create a coercive, barely legal process: forced arbitration. The near-conspiracy-level story of corporate greed is as readable and propulsive as it is maddening. Unlike much of what ails our legal system, however, there are ready fixes that Ballou offers readers. For those looking to understand an overlooked aspect of our two-tier justice system and do something about it, When Companies Run the Courts is a must-read.” 
  Leah Litman, New York Times bestselling author of Lawless
• “In Frank Capra’s America, everyone can have their day in court. In the real world, however, we are all subject to another justice system, tilted toward large corporations in ways that are maddeningly opaque and abusive. Ballou explains how we got here and what’s to be done about it in this illuminating, lucid, and righteously furious account.” 
  Jesse Eisinger, Pulitzer Prize–winning author of The Chickenshit Club
• “Most people don’t know about forced arbitration, but they’re certainly hurt by it, and so is democracy: It’s the reason why you can’t sue companies when they cheat you, discriminate against you, or even kill someone you love. When Companies Run the Courts shines a light on this shadow justice system that takes public justice and hides it in corporate control.” 
  Zephyr Teachout, author of Corruption in America
• “When Companies Run the Courts is essential reading for every American compelled to sign fine-print, standard-form contracts to get a cell phone, rent a car, use a credit card, or download a rideshare app. Ballou’s analysis is brilliant, his writing is engaging, and his book makes what could be a heavy legal topic into page-turning reading. This book not only illuminates how we got to a point where people are routinely stuck with unjust contracts dictated by corporations, but will make you hopeful about how to fix it.” 
  Lisa Graves, author of Without Precedent
• “Individuals harmed by corporate defendants are more likely to be struck by lightning than to prevail in forced arbitration. Ballou pulls back the curtain on this insidious and rigged program. This should be required reading for anyone seeking protections in the marketplace.” 
  Linda Lipsen, CEO, American Association for Justice
• “Ballou does an absolutely masterful job of explaining to a general audience what’s wrong with forced arbitration. For people who feel that companies are above the law, When Companies Run the Courts shows that they’re right, and why. Most importantly, it tells people what they can do about it.” 
  David Horton, professor of law, UC Davis School of Law