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I am not a lawyer, but I think Terms of Service only apply if you want to... continue receiving/using the service. So even if it the TOS does have a forced arb

by Tcepsa 3y ago

I am not a lawyer, but I think Terms of Service only apply if you want to... continue receiving/using the service. So even if it the TOS does have a forced arbitration clause and OP takes FB to court instead, I believe that would just mean FB could then say "You broke the TOS so we're going to suspend your account" which they've already done and so there is no incentive for OP to abide by it unless they care/expect to be able to do further business with FB in the future. (If someone with experience with these things can provide additional clarification or correction, I'd appreciate it!)

gnicholas 3y ago
As a (former) lawyer, I don't think it's quite that simple. There's a good chance you'd find yourself booted out of any court once they get wind of the TOS. It doesn't matter that you don't plan to keep using their service.
- hedora 3y ago
  Would they have to physically send someone to the small claims court? The dispute is over $300 and continued unauthorized credit card charges. The cost of sending a lawyer is already pretty punitive.
- Tcepsa 3y ago
  Got it, thanks for the correction!
jasonfarnon 3y ago
Not at all. In a typically drafted contract, the arbitration clause governs conflicts arising out the contractual relationship (in this case, use of FB), and is enforced by federal statute. The enforcement mechanism is not "arbitrate or else you can't log on anymore." However most of these silicon valley arbitration clauses do include an exception for small claims. I haven't looked at FB's though.
- Tcepsa 3y ago
  Oof okay that's really good to know--thank you for the correction!!