4 ms·
> Buried deep in Nest’s 8,000-word service agreement is a section called “Disputes and Arbitration,” which prohibits customers from suing the company or joining
by josinalvo 11y ago
> Buried deep in Nest’s 8,000-word service agreement is a section called “Disputes and Arbitration,” which prohibits customers from suing the company or joining a class-action suit.
Though I have no need for a thermostat whatsoever, I kinda like nest. However, I'd love if people went to court with a class action suit against them.
These 'no class action' and 'arbitration' clauses are becoming increasingly common, but I think they probably don't hold up in court - and nor should they, given how much power they put in the hands of the company.
- jacobolus 11y agoJudges dismissing cases based on arbitration clauses seems pretty common. NYT has been on the case recently: http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html http://www.nytimes.com/2015/11/01/business/dealbook/arbitrat... http://www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html http://www.nytimes.com/2015/11/02/business/dealbook/in-arbit... http://www.nytimes.com/2015/11/03/business/dealbook/in-religious-arbitration-scripture-is-the-rule-of-law.html http://www.nytimes.com/2015/11/03/business/dealbook/in-relig... http://www.nytimes.com/2015/12/23/business/dealbook/sued-over-old-debt-and-blocked-from-suing-back.html http://www.nytimes.com/2015/12/23/business/dealbook/sued-ove...
- Animats 11y agoDespite arbitration clauses in the EULA, there are people who can sue. The buyer of the device may be barred from suing, but other parties who suffered damages can still use. Roommates, guests, family members, people who live downstairs below pipes broken due to a Nest failure - they can all sue. They didn't agree to the EULA. Regular negligence standards apply. If you can show that a lot of the things failed all at once, that's a pretty good case for negligence. This can also come up in landlord/tenant situations. If the landlord put in a Nest, and its failure caused the tenant problems, like having to spend the night in a hotel, the tenant can probably sue Nest.
- cookiecaper 11y agoThey do usually hold up in court. Some judges have been ruling that the customer must be given more notice on the "contracts" they're supposedly "entering" before they can be entered, however (Nguyen v. Barnes and Noble).
- ak217 11y agoJohn Roberts, the Chief Justice on the Supreme Court, is a pro-arbitration lawyer. In a complex legal landscape, arbitration clauses are winning. http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html http://www.nytimes.com/2015/11/01/business/dealbook/arbitrat...
- kyrra 11y agoThe class-action part already went to The Supreme Court. https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepcion https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc... The reason you see it everywhere is because it was deemed legal.