7 ms·

1) My guess would be a lawsuit of some sort.

by iaw 9y ago

GCU-Empiricist 9y ago
Unfortunate if so, nothing will change until someone organizes class actions, and then the victims get at best enough to buy a lunch, a cheap lunch.
- staticautomatic 9y ago
  Not exactly, since individuals could still file small claims suits to get their money back if they don't mind the prospect of giving up the product at issue. I have successfully done this myself under similar circumstances.
- s2g 9y ago
  You can't organize a class action, the companies had a shrink wrap agreement to mandatory arbitration. Welcome to 21st century America.
  - aeorgnoieang 9y ago
    Aren't you underestimating the ability of Americans to litigate, especially about whether they can litigate? I'm sue you are.
  - marcoperaza 9y ago
    >Welcome to 21st century America. Which is still more plaintiff-friendly than any jurisdiction in Europe.
  - pktgen 9y ago
    Unless the FTC decides to pursue the matter. The FTC can obtain relief for all US consumers and is not bound by the arbitration agreement.
  - jfoutz 9y ago
    does that still apply? The stickers aren't a misunderstanding, they're illegal. You can't fine print away crimes.
  - IncRnd 9y ago
    The courts have disagreed amongst themselves regarding the legality of shrink wrap agreements.
  - sjg007 9y ago
    Those are basically unenforceable. You file a lawsuit, big co asks to squash to arbitration, judge says wtf no, this is potentially a class act.. continue.
    - syshum 9y ago
      Unfortunately the Supreme Court disagrees with you https://www.washingtonpost.com/business/supreme-court-backs-binding-arbitration-agreements/2012/01/16/gIQAg4LuGQ_story.html?utm_term=.4dd7bbfeb867 https://www.washingtonpost.com/business/supreme-court-backs-...
throwaway2048 9y ago
A lot of people forget small claims courts are an option, lawyers arnt allowed, and judges are pretty sensible. Its a good option for sub $10k USD claims. Large corps are unlikely to even show up, meaning you win by default.
- djrogers 9y ago
  > lawyers arnt allowed Not true - any time you take a big corp to small claims court, they're going to send a lawyer to represent them. You are suing an entity, not a person, and the entity will pick who represents them.
  - throwaway2048 9y ago
    but at the same time there really isnt any point for them to send a lawyer that is going to cost massively more than what the claim could be even theoretically.
    - aylons 9y ago
      There's one point:deterrence. Half of a corporate lawyer's work is about deterrence, anyway.
  - funkymike 9y ago
    Many small claims courts do not allow the company to send whoever they want. Some outright disallow sending lawyers.
    - djrogers 9y ago
      For person to person suits, yes. For a suit against a corporation who has an attorney on staff? You're getting an attorney. Granted, it may be one who's not familiar with small claims court, but it'll be an attorney. BigCo isn't sending the CEO or the receptionist - they have a legal staff in house, they're gonna use them.
      - 9y ago

1) My guess would be a lawsuit of some sort.

by iaw 9y ago

1) My guess would be a lawsuit of some sort.

Unfortunate if so, nothing will change until someone organizes class actions, and then the victims get at best enough to buy a lunch, a cheap lunch.

staticautomatic 9y ago
Not exactly, since individuals could still file small claims suits to get their money back if they don't mind the prospect of giving up the product at issue. I have successfully done this myself under similar circumstances.
s2g 9y ago
You can't organize a class action, the companies had a shrink wrap agreement to mandatory arbitration. Welcome to 21st century America.
- aeorgnoieang 9y ago
  Aren't you underestimating the ability of Americans to litigate, especially about whether they can litigate? I'm sue you are.
- marcoperaza 9y ago
  >Welcome to 21st century America. Which is still more plaintiff-friendly than any jurisdiction in Europe.
- pktgen 9y ago
  Unless the FTC decides to pursue the matter. The FTC can obtain relief for all US consumers and is not bound by the arbitration agreement.
- jfoutz 9y ago
  does that still apply? The stickers aren't a misunderstanding, they're illegal. You can't fine print away crimes.
- IncRnd 9y ago
  The courts have disagreed amongst themselves regarding the legality of shrink wrap agreements.
- sjg007 9y ago
  Those are basically unenforceable. You file a lawsuit, big co asks to squash to arbitration, judge says wtf no, this is potentially a class act.. continue.
  - syshum 9y ago
    Unfortunately the Supreme Court disagrees with you https://www.washingtonpost.com/business/supreme-court-backs-binding-arbitration-agreements/2012/01/16/gIQAg4LuGQ_story.html?utm_term=.4dd7bbfeb867 https://www.washingtonpost.com/business/supreme-court-backs-...

throwaway2048 9y ago

A lot of people forget small claims courts are an option, lawyers arnt allowed, and judges are pretty sensible. Its a good option for sub $10k USD claims. Large corps are unlikely to even show up, meaning you win by default.

djrogers 9y ago
> lawyers arnt allowed Not true - any time you take a big corp to small claims court, they're going to send a lawyer to represent them. You are suing an entity, not a person, and the entity will pick who represents them.
- throwaway2048 9y ago
  but at the same time there really isnt any point for them to send a lawyer that is going to cost massively more than what the claim could be even theoretically.
  - aylons 9y ago
    There's one point:deterrence. Half of a corporate lawyer's work is about deterrence, anyway.
- funkymike 9y ago
  Many small claims courts do not allow the company to send whoever they want. Some outright disallow sending lawyers.
  - djrogers 9y ago
    For person to person suits, yes. For a suit against a corporation who has an attorney on staff? You're getting an attorney. Granted, it may be one who's not familiar with small claims court, but it'll be an attorney. BigCo isn't sending the CEO or the receptionist - they have a legal staff in house, they're gonna use them.
    - 9y ago