You sure the USSC hasn't "gone over"?
However, the courts have made it clear that in some civil cases part of the money awarded to the plaintiffs can be in the form of a monetary penalty aimed at discouraging the defendant from trying the same crap in the future.
How is it possible to assess punitive damages on misbehaving companies in arbitration? Isn't that just about financial restitution?
I oppose the silly $10 coupon per plaintiff decisions because most people don't bother to redeem them, and the company goes unpunished.
Some companies need to be financially chastised. This has to happen in the courts. The penalty has to be a fixed amount payed into the U.S. treasury to pay down the debt.
Screw coupons and screw arbitration when one of the litigants is a major corporation and the other one is a lowly citizen.