I participated in the arbitration swarm against Indie Go Go a few years back..
There was a crowdfunding which was successful, they charged all of us, told the creator they were sending the money, then after a week canceled the crowd funding and refunded our money.
According to their TOS, they were NOT a party to the contract we had with the creator and forced arbitration, so we fought it. Each participant (200+ iirc) each had to pay $200 while IGG had to pay the other $2300/participant (~$460k) to get the arbitration initiated. Then they tried to push it to a class action (to simplify their legal battle) but according to their own TOS a class action was not allowed so that died quickly.
So then we collectively worked through one firm who iterated on our filings based on how each one went.
After a year+, IGG finally unlocked the creator's account, issued an apology, and updated their TOS. Insiders at IGG claim that the legal bill was into the millions.
It's not easy but you can fight bad behavior from these guys.
There was a crowdfunding which was successful, they charged all of us, told the creator they were sending the money, then after a week canceled the crowd funding and refunded our money.
According to their TOS, they were NOT a party to the contract we had with the creator and forced arbitration, so we fought it. Each participant (200+ iirc) each had to pay $200 while IGG had to pay the other $2300/participant (~$460k) to get the arbitration initiated. Then they tried to push it to a class action (to simplify their legal battle) but according to their own TOS a class action was not allowed so that died quickly.
So then we collectively worked through one firm who iterated on our filings based on how each one went.
After a year+, IGG finally unlocked the creator's account, issued an apology, and updated their TOS. Insiders at IGG claim that the legal bill was into the millions.
It's not easy but you can fight bad behavior from these guys.