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I'm no lawyer, but to my layman's eyes this has class action lawsuit written all over it. Would love to hear an actual tort attorney's perspective on this.
by leroy_masochist 7y ago
I'm no lawyer, but to my layman's eyes this has class action lawsuit written all over it. Would love to hear an actual tort attorney's perspective on this.
- kevin_b_er 7y agoI'm no lawyer, but I'll bet on mandatory binding arbitration and no class action stuck into the agreement.
- leroy_masochist 7y agoIsn't agreement to no class action an ipso facto law violation and unenforceable in most states -- e.g., the way noncompete provisions are in California?
- kevin_b_er 7y agoThe other way around. The supreme court continually permits no class action in agreements split right down political lines.
- leroy_masochist 7y agoI learn new things on HN every day!
- briandear 7y agoVery hard to prove damages. You would have to prove the calls that you didn’t receive and sales that didn’t happen. There also isn’t any particular “wrong” that has happened unless the restaurant paid money to have a listing and in the terms of that listing there was a clause that required GrubHub not be used. But essentially, paying for Yelp is paying for the service of lead generation which seems to be the exact service Yelp provides. That being said, I detest Yelp.
- JoeAltmaier 7y agoGrubHub is not involved at all - the equivalent of shaking down people in line. They didn't market anything. They didn't take the order. They just shoved in line and insisted people pay them for … nothing. I can easily see this being a class-action lawsuit.
- SkyPuncher 7y agoI don't agree with it, but I don't really see the legal argument. They're a private business routing calls through a private service. Tons of companies do that.