Decoder with Nilay Patel

How companies weaponize the terms of service against you

May 14, 2026·54 min
Episode Description from the Publisher

Brendan Ballou is founder of the Public Integrity Project and author of the new book,  When Companies Run the Courts, about the rise of forced arbitration. Forced arbitration is similarly everywhere in modern life, and there have been some very high-profile cases these past few years highlighting how deeply unfair these clauses are to consumers. Brendan’s book delves into how and why we got here — spoiler: we can blame Antonin Scalia for some of it — but also, most importantly, how we may be able to fight back in the future. Links:  When Companies Run the Courts | Hachette Private equity bought out your doctor and bankrupted Toys ‘R Us | Decoder Press freedom groups demand access to Paramount records | The Wrap Disney gives up on trying to use Disney+ to settle wrongful death suit | The Verge Samsung, corruption, and you (2017) | The Verge The surprising case for AI judges | Decoder Subscribe to The Verge to access the ad-free version of Decode Credits: Decoder is a production of The Verge and part of the Vox Media Podcast Network. Decoder is produced by Kate Cox and Nick Statt and edited by Ursa Wright. Our editorial director is Kevin McShane.  The Decoder music is by Breakmaster Cylinder. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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