New Discord TOS binds you to forced arbitration - Opt-Out Now

https://lemmy.dbzer0.com/post/17623184

New Discord TOS binds you to forced arbitration - Opt-Out Now - Divisions by zero

cross-posted from: https://lemmy.dbzer0.com/post/17618684 [https://lemmy.dbzer0.com/post/17618684] > Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable. > > The new ToS goes into effect April 15th, 2024. > > YOU CAN OPT OUT OF ARBITRATION. You must email [email protected] [[email protected]] BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever. > > [https://lemmy.dbzer0.com/pictrs/image/b7e93aed-909e-43ad-b77f-d6ca4fa0e47a.png] > > Opt-out before it’s too late.

This seems like an unreasonable provision that wouldn't hold up in court. Companies put all kinds of unenforceable shit in their contracts.
It’s perfectly enforceable in the US. Almost every corporation uses arbitration now, because handpicked arbitrators rule in favor of the corporations 99% of the time. All completely outside of the public legal system, all completely secret, all completely legal and allowed.

It’s also possible to use it against them though. The twist on arbitration is that the company has to pay for the arbiter win or lose. If a bunch of people opt to use it for a relatively minor issue, it’s more expensive for them than a regular lawsuit even if they do win.

Even for individual stuff, it can be nice. I had a car dealership try to fuck me over. I looked into the arbitration clause, found the arbiters they used, and found out it was going to cost the dealership $4,000 to go to the arbiter over a $1,500 dispute. If I won, I’d get my repair and they’d lose $4,000. If I lost, I wouldn’t get my repair, and they’d lose $4,000.

When I explained that they did the repair for free.

Looks like I have a new favorite pastime.