By Oren Giskan, Esq.
The people have spoken and while they like Cheerios, they do not like mandatory arbitration. General Mills tried to impose mandatory arbitration on anyone who “liked” it on social media or downloaded a coupon for one of its products. Because General Mills had no direct dealings (or a contract) with consumers, it had to come up with a novel way to obtain consumers’ “consent” to arbitration.
It turns out consumers do not like mandatory arbitration and they protested. So General Mills did the right thing and abandoned its efforts to prohibit consumers from suing in court (and suing as a class). General Mills undoubtedly recognized that if consumers are given a choice, they will take their business elsewhere.