this post was submitted on 12 May 2024
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On today's episode of "This shouldn't be legal"...

Source: https://twitter.com/A_Seagull/status/1789468582281400792

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[–] [email protected] 55 points 6 months ago (12 children)

They can write anything they want in a TOS, doesn't mean it's legally enforceable.

[–] [email protected] 48 points 6 months ago (3 children)

even then, it's essentially paywalling your rights. you need to go to court, wait for the matter to be adjudicated, hope it works out in your favor, run out any potential appeals, all while paying attorneys and not being able to do something you're legally entitled to do. If you can't do all that, then your rights are moot.

[–] [email protected] 9 points 6 months ago (2 children)

That's what they want you to think, just start a class action lawsuit. Lawyer love those. Force the companies to respond to the class actions.

[–] [email protected] 11 points 6 months ago

Collective mass arbitration is my favorite counter to this tactic, and is dramatically more costly for the company than a class action lawsuit.

https://www.nytimes.com/2020/04/06/business/arbitration-overload.html

A lot of companies got spooked a few years back and walked back their arbitration agreements. I wonder what changed for companies to decide it's worth it again. Maybe the lack of discovery in the arbitration process even with higher costs?

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