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A large group of Americans instead view this as proof that capitalism is working. (I’m not one of them) Checks and Balances, nevermind that we lack the leverage to extract more than “credit monitoring and lawyers get paid” or that it requires a civil judiciary that we pay for.



I don’t think lawsuits as a regulatory mechanism is an intrinsically unworkable idea, but clearly the system as it stands isn’t working very well.


Yes, the companies funding the libertarian movement have gotten their money’s worth back many times over. One of the most obvious examples of why this isn’t sufficient is that the arrangement is unilateral and there’s no practical way to opt-out of binding arbitration (which should be illegal) or to negotiate a price based on actual damages.




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