I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf.
Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through online transactions, arbitration agreements have exploded in American society. Conservatively, based on publicly-available data from just a few companies, I estimated that at least 826,000,000 consumer arbitration agreements were entered into last year. The entire population of the US is about 328,000,000, for a point of comparison. I also found that about 60% of e-commerce retail sales are covered by consumer arbitration agreements, and 81% of America’s largest companies have used consumer arbitration agreements in recent years. A large, growing segment of our economy and many of our online social interactions are beyond the scope of the courts.