Utah online dispute resolution system benefits lenders not litigants

An online dispute resolution (ODR) system used by Utah benefits large payday lenders instead of making the courts more accessible to low-income litigants, according to a media investigation. 

The Markup found that the rate of default judgments has risen since the implementation of the system - resulting in more cases being decided in favour of one party because the other party did not respond, often due to difficulties in navigating the system. 

It also found that many users, like Thompson, missed critical notifications about the requirement to register for the ODR system due to poorly designed summons paperwork. This included long, case-sensitive URLs and buried information, which led to many litigants not engaging with the system.

Payday lenders were identified as the primary beneficiaries of the system. The streamlined process for filing and resolving claims made it easier for  lenders to secure judgements against debtors, often low-income individuals who struggle to navigate the platform.

In addition, the investigation found that "the move to online dispute resolution has had severe consequences for many of the Utahans it was supposed to help and that the state’s courts have been slow to implement potential fixes."