3 ms·

Can that kind of clause really be enforceable? It really doesn't seem legal in any jurisdiction I'm aware of. (not a lawyer)

bjt 24d ago
These (and other TOS agreements) fall under the category of "adhesion contracts". Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment. https://www.investopedia.com/terms/a/adhesion-contract.asp https://www.investopedia.com/terms/a/adhesion-contract.asp
- msdz 24d ago
  [dead]
- claaams 24d ago
  The cool thing is that they make you go into forced arbitration rather than through the legal system.
  - keane 24d ago
    ^claim to — this type of legalese (shrink wrap, clickwrap, liability waivers, etc.) is a bluff (when in doubt: sue)
  - vineyardmike 24d ago
    The cooler thing is that if a substantial amount of the 216M TV owners tried to arbitrate across the country/world, they'd cave so fast. Arbitration is cheaper than an individual law suit, but much much more expensive than a class-action.
colechristensen 24d ago
are state's attourney's general going to go after them? eh. you ask if they're enforceable but that's the wrong question, the real question is will anyone do anything to stop them? This is the kind of thing that states need to make explicitly illegal.
- dfxm12 24d ago
  Would be even better if the federal government made it illegal.
  - phkahler 24d ago
    Would be even better to have a judge declare that they already are illegal.
    - godelski 24d ago
      Easy to forget, judges determine the legality of things. It is literally their job
jgalt212 24d ago
lawyers hope to trap / trick people that are smart enough to read, but not legally smart enough to understand enforceability.
mitxela 24d ago
LG probably can't sue you for failing to get consent from a guest, but the guest can sue you, not LG, for being recorded.
- selcuka 24d ago
  LG's purpose is to avoid being sued by the guest, not to be able to sue the customer.
- nullbio 24d ago
  > Have a meeting with the executives of LG in their office > Sue them for not telling you the TV is recording you
- agos 24d ago
  I’m sure this would not work under GDPR. The host surely isn’t a data processor.

bjt 24d ago

These (and other TOS agreements) fall under the category of "adhesion contracts". Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment. https://www.investopedia.com/terms/a/adhesion-contract.asp https://www.investopedia.com/terms/a/adhesion-contract.asp

msdz 24d ago
[dead]
claaams 24d ago
The cool thing is that they make you go into forced arbitration rather than through the legal system.
- keane 24d ago
  ^claim to — this type of legalese (shrink wrap, clickwrap, liability waivers, etc.) is a bluff (when in doubt: sue)
- vineyardmike 24d ago
  The cooler thing is that if a substantial amount of the 216M TV owners tried to arbitrate across the country/world, they'd cave so fast. Arbitration is cheaper than an individual law suit, but much much more expensive than a class-action.

colechristensen 24d ago

are state's attourney's general going to go after them? eh. you ask if they're enforceable but that's the wrong question, the real question is will anyone do anything to stop them? This is the kind of thing that states need to make explicitly illegal.

dfxm12 24d ago
Would be even better if the federal government made it illegal.
- phkahler 24d ago
  Would be even better to have a judge declare that they already are illegal.
  - godelski 24d ago
    Easy to forget, judges determine the legality of things. It is literally their job

jgalt212 24d ago

lawyers hope to trap / trick people that are smart enough to read, but not legally smart enough to understand enforceability.

mitxela 24d ago

LG probably can't sue you for failing to get consent from a guest, but the guest can sue you, not LG, for being recorded.

selcuka 24d ago
LG's purpose is to avoid being sued by the guest, not to be able to sue the customer.
nullbio 24d ago
> Have a meeting with the executives of LG in their office > Sue them for not telling you the TV is recording you
agos 24d ago
I’m sure this would not work under GDPR. The host surely isn’t a data processor.