4 ms·

While less efficient than regulatory action, the US does have a mechanism for this: class-action lawsuits.

mindslight 7y ago
Class action lawsuits are just another method of regulatory capture. The settlement from the last Ticketbastard class action was a $2 discount on expedited shipping and a voucher for a free show of your choice, to be chosen from an empty list.
wlesieutre 7y ago
> YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 https://help.ticketmaster.com/s/article/Terms-of-Use?languag... What we need is a law invalidating contracts with blanket requirements to give up consumer protections and legal recourse against companies
- kevin_thibedeau 7y ago
  That's fine. 1000 summary judgements in small claims court will be expensive for Ticketmaster.
  - RHSeeger 7y ago
    To be fair, so is 1,000 arbitrations.
- alexfromapex 7y ago
  Arbitration is a terrible concept that needs to be outlawed forever
  - function_seven 7y ago
    Arbitration clauses, for sure. But not the whole concept. Although this could be a blessing in disguise. Maybe the fine people over at FairShake and Keller Lenkner can take this on like they did for DoorDash[0]? [0] https://news.ycombinator.com/item?id=22798118 https://news.ycombinator.com/item?id=22798118
- rhino369 7y ago
  Companies need to be careful with these clauses. Postmates is deep trouble because thousands of employees actually demanded arbitration, and now Postmates is trying to get a class action instead of thousands of arbitrations. Arbitration aren't the get out of jail card many organizations believe them to be.
  - wahern 7y ago
    It seems that the issue exposed by DoorDash and Postmates is easily resolved by inserting volume discount language into the contract with the arbitrator. A competitor to DoorDash's arbitrator has already started making that sales pitch. It's possible the fees could be discounted for these existing disputes, too, though perhaps doing so during the pendency of a dispute might be risky--politically, if not legally. In any event, I wouldn't expect this loophole to stay open for long. Occasions for such schadenfreude aren't usually repeated.

Class action lawsuits are just another method of regulatory capture. The settlement from the last Ticketbastard class action was a $2 discount on expedited shipping and a voucher for a free show of your choice, to be chosen from an empty list.

wlesieutre 7y ago

> YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US#section17 https://help.ticketmaster.com/s/article/Terms-of-Use?languag... What we need is a law invalidating contracts with blanket requirements to give up consumer protections and legal recourse against companies

kevin_thibedeau 7y ago
That's fine. 1000 summary judgements in small claims court will be expensive for Ticketmaster.
- RHSeeger 7y ago
  To be fair, so is 1,000 arbitrations.
alexfromapex 7y ago
Arbitration is a terrible concept that needs to be outlawed forever
- function_seven 7y ago
  Arbitration clauses, for sure. But not the whole concept. Although this could be a blessing in disguise. Maybe the fine people over at FairShake and Keller Lenkner can take this on like they did for DoorDash[0]? [0] https://news.ycombinator.com/item?id=22798118 https://news.ycombinator.com/item?id=22798118
rhino369 7y ago
Companies need to be careful with these clauses. Postmates is deep trouble because thousands of employees actually demanded arbitration, and now Postmates is trying to get a class action instead of thousands of arbitrations. Arbitration aren't the get out of jail card many organizations believe them to be.
- wahern 7y ago
  It seems that the issue exposed by DoorDash and Postmates is easily resolved by inserting volume discount language into the contract with the arbitrator. A competitor to DoorDash's arbitrator has already started making that sales pitch. It's possible the fees could be discounted for these existing disputes, too, though perhaps doing so during the pendency of a dispute might be risky--politically, if not legally. In any event, I wouldn't expect this loophole to stay open for long. Occasions for such schadenfreude aren't usually repeated.