3 ms·

PayPal added a forced arbitration clause in 2012[0]. It seems likely that most PayPal users did not opt out and are now unable to sue PayPal. [0] http://www.ci

by tjalfi 10y ago

PayPal added a forced arbitration clause in 2012[0]. It seems likely that most PayPal users did not opt out and are now unable to sue PayPal. [0] http://www.citizenvox.org/2012/10/15/opt-out-of-paypal%E2%80%99s-forced-arbitration-clause/ http://www.citizenvox.org/2012/10/15/opt-out-of-paypal%E2%80... Edited for minor formatting.

user5994461 10y ago
Doesn't matter. That clause is invalid in most countries.
- tjalfi 10y ago
  That may well be the case but forced arbitration clauses are legal in the US. There have been several recent Supreme Court cases that upheld mandatory arbitration clauses. Here are some citations: "American Express Co., et al. v. Italian Colors Restaurant." Oyez, https://www.oyez.org/cases/2012/12-133 https://www.oyez.org/cases/2012/12-133. Accessed 29 Apr. 2017. "AT&T Mobility LLC v. Concepcion." Oyez, https://www.oyez.org/cases/2010/09-893 https://www.oyez.org/cases/2010/09-893. Accessed 29 Apr. 2017. "The End of Class Actions?" Arizona Law Review, http://arizonalawreview.org/fitzpatrick/ http://arizonalawreview.org/fitzpatrick/ Gilles, Myriam and Friedman, Gary (2012) "After Class: Aggregate Litigation in the Wake of "AT&T Mobility v Concepcion"," University of Chicago Law Review: Vol. 79 : Iss. 2 , Article 3. Available at: http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3 http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3 Edited to add the third and fourth citations.
  - Houshalter 10y ago
    IIUC, those are cases of companies who put arbitration into a contract. That's a bit different then an average Joe hitting "ok" to an email that says the ToS of a website has changed. Arbitration can work for businesses which can negotiate and review contracts they agree too. No one reads or negotiates EULAs.
  - user5994461 10y ago
    There is a difference between B2B and B2C contracts. In most countries, arbitration clauses are prohibited in B2C contracts. You can't prohibit consumer from suing you.

by tjalfi 10y ago

user5994461 10y ago

Doesn't matter. That clause is invalid in most countries.

tjalfi 10y ago
That may well be the case but forced arbitration clauses are legal in the US. There have been several recent Supreme Court cases that upheld mandatory arbitration clauses. Here are some citations: "American Express Co., et al. v. Italian Colors Restaurant." Oyez, https://www.oyez.org/cases/2012/12-133 https://www.oyez.org/cases/2012/12-133. Accessed 29 Apr. 2017. "AT&T Mobility LLC v. Concepcion." Oyez, https://www.oyez.org/cases/2010/09-893 https://www.oyez.org/cases/2010/09-893. Accessed 29 Apr. 2017. "The End of Class Actions?" Arizona Law Review, http://arizonalawreview.org/fitzpatrick/ http://arizonalawreview.org/fitzpatrick/ Gilles, Myriam and Friedman, Gary (2012) "After Class: Aggregate Litigation in the Wake of "AT&T Mobility v Concepcion"," University of Chicago Law Review: Vol. 79 : Iss. 2 , Article 3. Available at: http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3 http://chicagounbound.uchicago.edu/uclrev/vol79/iss2/3 Edited to add the third and fourth citations.
- Houshalter 10y ago
  IIUC, those are cases of companies who put arbitration into a contract. That's a bit different then an average Joe hitting "ok" to an email that says the ToS of a website has changed. Arbitration can work for businesses which can negotiate and review contracts they agree too. No one reads or negotiates EULAs.
- user5994461 10y ago
  There is a difference between B2B and B2C contracts. In most countries, arbitration clauses are prohibited in B2C contracts. You can't prohibit consumer from suing you.