Lexis has an atrocious mandatory binding arbitration clause in its contracts. Consumer Law & Policy Blog’s Paul Bland described Lexis’s arbitration clause this way:
Lexis’s arbitration clause includes a gag order on its customers requiring tem to keep all arbitrations confidential. A number of courts have struck down similar secrecy provisions in consumer arbitration clauses as unconscionable.
Lexis’s arbitration clause requires any customer with a claim against it to arbitrate the claim in the headquarters city of Lexis, which is apparently Dayton, Ohio. What a deal if the customer lives in Seattle or Maine! A number of courts have struck down similar provisions requiring consumers to travel long distances to arbitrate claims.
Yikes. Fortunately, as Mark Steinbach of O’Toole, Rothwell, Nassau & Steinbach found out, they are willing to drop the arbitration provision up front if a client puts their foot down. Good news!
For those of you who need a paid legal research service, consider using Lexis and asking them to drop the arbitration provision from the contract. Use your power as a consumer of legal services to show Lexis and Westlaw that they can benefit by making their agreements more fair.
Sam Glover is a business and consumer rights lawyer and the creator of Lawyerist.
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