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Band together with your new friend to take both parties to small claims court. Argue the representations made on their website were misleading and induced you
by rkagerer 7y ago
Band together with your new friend to take both parties to small claims court.
Argue the representations made on their website were misleading and induced you into using the service. That due to the unequal bargaining power, any ambiguities in their Terms must be resolved in your favor. Research precedent, including anything judges have said about click-wrap vs browse-wrap agreements in your jurisdiction.
Maybe you can find a sympathetic lawyer from a prestigious firm who's willing to write them on your behalf on their firm's letterhead. All this might simply scare them into settling - it's far cheaper for them than paying a lawyer to litigate (and less toxic publicity), and eliminates the risk that if you manage to win (small-claims is a bit more unpredictable than big-boy court) it sets a precedent that could come back and bite their business model.
- iooi 7y agoI like your idea. It could be a platform on its own, like a GoFundMe but exclusively for pro-bono legal cases.
- 0815test 7y agoGoFundMe even used to support funding for legal purposes. They got rid of it because of one legal-defense funding campaign that they disagreed with politically.
- NoPityNoRemorse 7y agoThey did not disagree with it politically but they wanted to censor it, and veil it under "political opinion". Censorship is censorship, and sugar coating it only works on fools.
- calimac 7y agoThe name of the page “Trust quote is contradictory to the writing in TOS
- alex_anglin 7y ago... and hope that there wasn't a forced arbitration clause in the TOS!
- rickyc091 7y agoDo we even know if they modified the ToS after the complaint?
- femto113 7y agoThat's not necessarily the worst thing, the cost of arbitration to the company is likely more than 0 (and maybe not even less than small claims) so I'll guess most companies would eagerly settle for at least the cost of the arbitration--they really can't lose. Uber is famously dealing with this right now, and it's costing them around $10K apiece[1] so it seems possible the cost to KitSplit would be more than this camera's worth. [1] https://www.latimes.com/business/la-fi-uber-ipo-arbitration-miscalculation-20190508-story.html https://www.latimes.com/business/la-fi-uber-ipo-arbitration-...
- Bubbadoo 7y agoIt all depends on who the arbitrator is. Many arbitration clauses are there because the business has relationships with arbitration organizations. If the arbitrator is an impartial third party, it will be much less costly than going to court.OTOH, $3500 is a small claims court amount and most small claims courts will honor any 'fine print' in the contract.
- anth_anm 7y agoI'd be absolutely shocked if they don't have a mandatory arbitration clause.
- lisbethkaufman 7y agoHi, Lisbeth Kaufman here (CoFounder and CEO of KitSplit). I feel terribly for Yohahn and the other owner who had their gear stolen. I wanted to personally respond to let you know that we are fixing this and making them whole- and then some. We are launching a new insurance product for our owners: the KitSplit Theft Protection Owner Guarantee. It’s something we’ve been considering for a while, and with this latest theft it’s clearly time. The Owner Guarantee means that KitSplit owners will be covered in all scenarios, whether damage, loss, or theft. To make good on this promise, we’re starting by reimbursing the Yohahn and the other owner. We are the first rental platform to offer coverage of this kind. It fills a major insurance loophole, and it’s the right thing to do for our customers. You are welcome to read more about the problem and how we’re fixing it here. https://blog.kitsplit.com/announcing-kitsplit-theft-protection-owner-guarantee/ https://blog.kitsplit.com/announcing-kitsplit-theft-protecti...
- keypusher 7y agoDid you start feeling terribly for them before or after you were publicly shamed on social media?
- justsid 7y agoI love how it’s clear that KitSplit had no plans of re-imbursing or doing anything for the OP, until it blew up. This is super shady damage control.
- dang 7y agoPersonal attacks and the online shaming culture are not welcome on HN. Maybe you don't owe better to the individual, but you owe better to this community if you want to keep posting here. If you'd please review https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html and use this site as intended, we'd be grateful.
- ddalex 7y agoWhat's so personal about the very legitimate question?