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Oh, this is extremely common in the boilerplate of almost every single contract and ToS I've read in my adult life (IANAL, just referring to the contracts I've
by bigwavedave 6y ago
Oh, this is extremely common in the boilerplate of almost every single contract and ToS I've read in my adult life (IANAL, just referring to the contracts I've signed or chosen not to sign that I've come across). If you look at something like the contract for your credit card, I guarantee you'll find a clause entitled "Arbitration", "Mediation", or something akin to that where it basically says "If something bad happens, you give up your right to sue us and instead agree to binding arbitration by a mediator of our choice." As for what would happen if one party tried to sue the other anyway, I think it would depend on the nature of the grievance. Again, IAN[even_close_to_being]AL.
- sagarm 6y agoThese class action waivers began to completely take over after DirectTV vs Imburgia was decided in 2016: https://www.jonesday.com/en/insights/2016/01/us-supreme-court-rules-in-favor-of-arbitration-clauses-and-classarbitration-waivers-in-consumer-contracts https://www.jonesday.com/en/insights/2016/01/us-supreme-cour... An increasingly extreme Supreme Court has repeatedly expanded the ability of employers and service providers, including ISPs, to prohibit class actions in their contracts. Even retailers now attempt to compel their customers into forced arbitration.