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I wonder if Verizon's customers could form a class action lawsuit accusing it of failing in good faith to deliver bandwidth from Netflix due to intentionally co

I wonder if Verizon's customers could form a class action lawsuit accusing it of failing in good faith to deliver bandwidth from Netflix due to intentionally congested handover points.

snoopdug 12y ago
Verizon has been given immunity from the threat of a class action by virtue of its arbitration clause class action waiver. Same is true comcast, AT&T etc. You can thank the Supreme Court for this.
- digikata 12y ago
  Hmm, I've heard of immunity over class action wiretap related issues, but bandwidth delivery too? Any references? "class action immunity verizon" just has too much noise.
- PeterisP 12y ago
  Aren't such waivers automatically null and void at least in some states? In EU, such disclaimers are simply a waste of ink, but I recall seeing that some USA states had gone that way as well.
snoopdug 12y ago
http://media.mofo.com/files/Uploads/Images/130725-Employment-Law-Commentary.pdf http://media.mofo.com/files/Uploads/Images/130725-Employment... "Thus, class-action waivers must be enforced regardless of the consequences for the vindication of small-value claims, state or federal." also, http://www.cbs46.com/story/24388303/consumer-advocates-fine-print-could-rob-consumers-of-right-to-sue#.UtAq-G3tWfA.twitter http://www.cbs46.com/story/24388303/consumer-advocates-fine-... also http://publicjustice.net/content/tribe-scotus-denying-access-justice-because-it%E2%80%99s-%E2%80%9Canti-court-court%E2%80%9D http://publicjustice.net/content/tribe-scotus-denying-access... also http://www.minnpost.com/community-voices/2014/05/forced-arbitration-denies-justice-victims-fraud-and-discrimination http://www.minnpost.com/community-voices/2014/05/forced-arbi... So any disputes with verizon cannot go to court, they have to be arbitrated. Further, there cannot be a class arbitration. So to vindicate your rights against verizon, you'd have to be willing to bring an individual arbitration against Verizon and bear the costs of doing so which will be exponentially more than the value of your claim. In essence, these clauses immunize corporations from liability under antitrust laws, consumer protection laws; employment laws etc. It is a terrible situation created by a Supreme Court that despises class actions.

I wonder if Verizon's customers could form a class action lawsuit accusing it of failing in good faith to deliver bandwidth from Netflix due to intentionally congested handover points.

snoopdug 12y ago

Verizon has been given immunity from the threat of a class action by virtue of its arbitration clause class action waiver. Same is true comcast, AT&T etc. You can thank the Supreme Court for this.

digikata 12y ago
Hmm, I've heard of immunity over class action wiretap related issues, but bandwidth delivery too? Any references? "class action immunity verizon" just has too much noise.
PeterisP 12y ago
Aren't such waivers automatically null and void at least in some states? In EU, such disclaimers are simply a waste of ink, but I recall seeing that some USA states had gone that way as well.

snoopdug 12y ago

http://media.mofo.com/files/Uploads/Images/130725-Employment-Law-Commentary.pdf http://media.mofo.com/files/Uploads/Images/130725-Employment... "Thus, class-action waivers must be enforced regardless of the consequences for the vindication of small-value claims, state or federal." also, http://www.cbs46.com/story/24388303/consumer-advocates-fine-print-could-rob-consumers-of-right-to-sue#.UtAq-G3tWfA.twitter http://www.cbs46.com/story/24388303/consumer-advocates-fine-... also http://publicjustice.net/content/tribe-scotus-denying-access-justice-because-it%E2%80%99s-%E2%80%9Canti-court-court%E2%80%9D http://publicjustice.net/content/tribe-scotus-denying-access... also http://www.minnpost.com/community-voices/2014/05/forced-arbitration-denies-justice-victims-fraud-and-discrimination http://www.minnpost.com/community-voices/2014/05/forced-arbi... So any disputes with verizon cannot go to court, they have to be arbitrated. Further, there cannot be a class arbitration. So to vindicate your rights against verizon, you'd have to be willing to bring an individual arbitration against Verizon and bear the costs of doing so which will be exponentially more than the value of your claim. In essence, these clauses immunize corporations from liability under antitrust laws, consumer protection laws; employment laws etc. It is a terrible situation created by a Supreme Court that despises class actions.