[wahern]

Setting aside potential flaws in your thesis, theoretically the Federal Arbitration Act (FAA) can be circumvented by making the state the real party in interest but permitting a victim to sue and recover on behalf of the state. Because the state wouldn't be a party to any contract (and also because it's a state), the FAA wouldn't apply.

California does this for labor violations through it's Private Attorneys General Act (PAGA): https://www.dir.ca.gov/Private-Attorneys-General-Act/Private...

Glancing at the Wikipedia page for CCPA, it's possible that the CCPA is structured similarly--"Companies ... can be ordered in civil class action lawsuits ... subject to an option of the California Attorney General's Office to prosecute the company instead of allowing civil suits to be brought against it."

That said, I don't think California's PAGA has ever been tested vis-a-vis the FAA in the Supreme Court because it was only recently that they decided to strictly apply the FAA to employment contracts.