Between December 28, 2023, and February 21, 2024
Suspiciously right before users were forced to sign a new TOS, agreeing to two layers of arbitration, if they wanted to use their TV or streaming box.
this post was submitted on 11 Mar 2024
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Yeah, I wonder how much weight that new arbitration agreement holds in light of this breach. I feel like you can't just fuck up with your customers' data, force them to agree to not sue you, and then tell them that you fucked up with their data. Those users agreed to a contract where they likely had critical information withheld from them in bad faith.
The contract was always in bad faith. EULAs are all in bad faith.
They know damn well everything they put in there is unenforceable and do it anyways.
Aaaaaaand that’s why we all got the mandatory class action related agreement notifications. Scum.
Yup. Was waiting for the shoe to drop. Fuckers.
Wow
I wonder if that will hold up in court for existing customers affected prior to the updated TOS.
Unlikely.
Note that the bit about arbitration or not filing class action suits is not new. The new bit was having to talk to their lawyers even before requesting arbitration.
But in any case, I doubt those would be held enforceable in the event of something like this.
It would not*
*Does not apply in the 5th circuit
It probably wouldn't hold up in court, but it can be used as a bludgeon to dissuade people from filing in the first place. Roku is totally allowed to lie and say "You can't sue, you agreed to mandatory arbitration. // You can't join the class action, you agreed not to. If you do either of these things, we'll sue you."
This could easily dissuade quite a few people from litigating, limiting how much the company needs to pay out.