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I believe that the outcome would be this: You would go to court to sue Amazon. They would claim the suit should be dismissed because you had agreed to mandator
by mcherm 5y ago
I believe that the outcome would be this:
You would go to court to sue Amazon. They would claim the suit should be dismissed because you had agreed to mandatory arbitration. You would claim you had NOT agreed to that clause, because you configured your browser to render different text before clicking on "I agree".
The court would then declare that since you had represented to Amazon that you were agreeing to it, they weren't responsible for what text you had changed in your browser, and the court would hold you to the contract that was supplied to you.
This isn't even a slight stretch. A stretch would be when Wells Fargo opened bank accounts for people without their permission -- then blocked a class action lawsuit arguing that the terms and conditions for the account (which the customers hadn't signed up for) required arbitration instead of class action lawsuits.[1]
[1] https://web.archive.org/web/20210428120303/https://www.nytimes.com/2016/12/06/business/dealbook/wells-fargo-killing-sham-account-suits-by-using-arbitration.html https://web.archive.org/web/20210428120303/https://www.nytim...
- BlackFly 5y agoMaybe, but if that is the case, why even pretend to get consent? I have clearly not consented to waiving my rights in this scenario despite it maybe having no legal effect, if Amazon can simply dictate the terms of our business without any negotiation, why bother pretending? They can just post the terms and conditions somewhere on their site and then not bother forcing people to pretend to read them.