4 ms·

Interesting. Does this forced arbitration also apply to EU?

by genman 2y ago

paulgb 2y ago
This one in particular does not. I'm not sure about the enforceability of other forced arbitration agreements in the EU. > To protect our users outside the United States, we’ve decided to modify this clause so that it only affects users in the United States. If you are outside of the United States, this clause does not apply to you https://discord.com/safety/terms-of-service-feedback-and-changes https://discord.com/safety/terms-of-service-feedback-and-cha...
- jkaplowitz 2y ago
  You’re correct that it does not, but it’s also ambiguous about what happens with respect to dispute rights for existing accounts if you later move to the US after the opt-out deadline, so the conservative approach is to opt out regardless of your country of residence.
- meepmorp 2y ago
  > To protect our users outside the United States, we’ve decided to modify this clause so that it only affects users in the United States. "We're going to protect our users outside the United States from a thing we've freely chosen to do to our users in the United States."
- SpaghettiCthulu 2y ago
  That article is from the previous clause added in 2018, if I'm understanding correctly. Does it still apply to the new clause?
  - paulgb 2y ago
    Good question, it does. Here’s the relevant line from their current ToS: > IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. https://discord.com/terms#16 https://discord.com/terms#16
lnxg33k1 2y ago
I am not sure, I think it can't apply to Italy, as we have a tiered set of laws and one lower tier can't override higher tiers, and contracts/tos are the lowest tier
- lnauta 2y ago
  Not to be nitpicky but this message also talks of jury trial, which EU countries generally don't have.
  - AdrianB1 2y ago
    Jury trial is a common form of the legal system in USA, but we have the equivalent here in Europe as regular court (no jury). The discussion is court vs. arbitration, not jury vs. something else. The same applies to Europe, if binding.
poizan42 2y ago
Probably not From https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm https://europa.eu/youreurope/citizens/consumers/unfair-treat... > Here are some situations where contract terms may be judged unfair under EU rules: > ... > 17. Limited rights to legal action > Terms which restrict how and where consumers can take legal action and obliging them to provide proof which is the responsibility of the other party to the contract.

Interesting. Does this forced arbitration also apply to EU?

by genman 2y ago

Interesting. Does this forced arbitration also apply to EU?

This one in particular does not. I'm not sure about the enforceability of other forced arbitration agreements in the EU. > To protect our users outside the United States, we’ve decided to modify this clause so that it only affects users in the United States. If you are outside of the United States, this clause does not apply to you https://discord.com/safety/terms-of-service-feedback-and-changes https://discord.com/safety/terms-of-service-feedback-and-cha...

jkaplowitz 2y ago
You’re correct that it does not, but it’s also ambiguous about what happens with respect to dispute rights for existing accounts if you later move to the US after the opt-out deadline, so the conservative approach is to opt out regardless of your country of residence.
meepmorp 2y ago
> To protect our users outside the United States, we’ve decided to modify this clause so that it only affects users in the United States. "We're going to protect our users outside the United States from a thing we've freely chosen to do to our users in the United States."
SpaghettiCthulu 2y ago
That article is from the previous clause added in 2018, if I'm understanding correctly. Does it still apply to the new clause?
- paulgb 2y ago
  Good question, it does. Here’s the relevant line from their current ToS: > IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. https://discord.com/terms#16 https://discord.com/terms#16

lnxg33k1 2y ago

I am not sure, I think it can't apply to Italy, as we have a tiered set of laws and one lower tier can't override higher tiers, and contracts/tos are the lowest tier

lnauta 2y ago
Not to be nitpicky but this message also talks of jury trial, which EU countries generally don't have.
- AdrianB1 2y ago
  Jury trial is a common form of the legal system in USA, but we have the equivalent here in Europe as regular court (no jury). The discussion is court vs. arbitration, not jury vs. something else. The same applies to Europe, if binding.

poizan42 2y ago

Probably not From https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm https://europa.eu/youreurope/citizens/consumers/unfair-treat... > Here are some situations where contract terms may be judged unfair under EU rules: > ... > 17. Limited rights to legal action > Terms which restrict how and where consumers can take legal action and obliging them to provide proof which is the responsibility of the other party to the contract.