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> it’s a slam-dunk fraud class action. Ah, if only it was that simple. Companies just don't let you sue any more. (Including, I hasten to add, almost every s
by techsupporter 9y ago
> it’s a slam-dunk fraud class action.
Ah, if only it was that simple. Companies just don't let you sue any more. (Including, I hasten to add, almost every single one of those darling HN graduates.)
https://www.instacart.com/terms https://www.instacart.com/terms
CTRL-F, "Arbitration"
> Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Instacart agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
> CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- rayiner 9y agoHah, of course. I meant whatever, there is a lot of bad class action litigation. I figured it was worth pointing out here because it would seem like the customer agreeing to the higher priced item would immunize you, but it wouldn’t.
- techsupporter 9y agoBut that was kind of my point: Delivering anything short of a bobcat[0] instead of a bag of potatoes doesn't matter. Instacart's own terms of service put the onus on running you through the arbitration gauntlet. Well, or small claims, but only one person at a time so they can just drip-dry the entire problem away. Sure, people will eventually stop using the service if the problem gets bad enough but as long as they keep the salami sliced[1] fairly thin, they'll get away with it for a long time with no outside check. 0 - https://www.xkcd.com/325/ https://www.xkcd.com/325/ 1 - http://scams.wikispaces.com/Salami+Slicing http://scams.wikispaces.com/Salami+Slicing
- dreamdu5t 9y agoThis clause is not legal or enforceable. You can sue anyone you agreed not to, contrary to corporate legal attempts to intimidate.
- icebraining 9y agoOn what do you base this claim? As far as I know, you can't, as per the Federal Arbitration Act. And after Concepcion you can even be forced to go to arbitration on an individual basis rather than as a class.
- notyourday 9y agoYou can file. It will never make it past the first motion.