4 ms·
Just because something's in a TOS doesn't make it legally enforceable, especially if you've got enough money collectively for expensive lawyers.
by logicchains 6y ago
Just because something's in a TOS doesn't make it legally enforceable, especially if you've got enough money collectively for expensive lawyers.
- frongpik 6y agoWell, in this case the ToS will be a contract one needs to "digitally sign" in order to open an RH account. RH would simply claim that its customers didn't have to accept the terms, regardless of how bs those were. I'm not a lawyer, though.
- dd36 6y agoFalse. There’s no way out of a forced arbitration agreement that bans class actions. The courts always defer to arbitration, even when arbitrability is in question. It’s a ridiculous judicially made trap.
- koolba 6y agoIf they're able to coordinate a short squeeze, they can easily coordinate demand for thousands of arbitration requests. And we know what happened to DoorDash when they tried to play that game: https://www.reuters.com/article/us-otc-doordash/this-hypocrisy-will-not-be-blessed-judge-orders-doordash-to-arbitrate-5000-couriers-claims-idUSKBN2052S1 https://www.reuters.com/article/us-otc-doordash/this-hypocri...
- dd36 6y agoYes, but that’s not a class action.
- koolba 6y agoYes the idea is to use their insistence of arbitration against them by forcing them to pay for thousands of arbitration cases.
- dd36 6y agoEveryone should utilize this strategy. We’ve been advocating for it for 6 years. AAA keeps upping its fees. Want to attack the system? Attack forced individual arbitration.
- koolba 6y agoAgreed. A few more high profile en masse individual arbitration is the way to end the practice entirely.
- dd36 6y agoI think it will cause them to think twice but the only real way to end it is legislation. The FAA was never intended to apply to consumer disputes or eliminate the ability of people to group together to make a claim. It's all a construct of the courts and corporate-friendly judges and needs adjustment.
- dccoolgai 6y agoAccording to the Supreme Court, forced arbitration is fine to have in a TOS. The past couple years there's been more awareness of it, it's one of the nastiest sneak moves in history to take people's rights away en masse. You don't find out until you get in a position where you've been harmed and you go to hold them accountable using the legal system: Surprise! You have to settle in this thing where the defendant pays all the participants. Here's your $200 check for your $200,000 claim, see you next time.
- ciabattabread 6y agoWhich is why I find the story about Postmates and its efforts to avoid mass arbitration very funny.