I literally can't keep up with every company I do business with. It's impossible so I just give up.
That's how you know it's working as intended!
Discord Applying Forced Arbitration - opt-out before it is too late!
21–30 of 99 posts
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#22Interesting. Does this forced arbitration also apply to EU?
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
Not to be nitpicky but this message also talks of jury trial, which EU countries generally don't have.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#23I can't even use discord in the first place because it always demands a mobile phone verification that I refuse to provide.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#24Interesting. Does this forced arbitration also apply to EU?
Probably not
From 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.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#25Discord hasn't yet obtained approval for their contract from the American Arbitration Association. They're not on the list.[1] Until a company gets on that list, which has a fee, the AAA will refuse to run arbitrations involving contracts specifying AAA arbitration. The AAA does this to prevent companies from adding additional unfavorable terms to arbitration agreements.
At least Discord specified AAA arbitration. They're considered legitimate. There are arbitration services that are much worse. One is a front for a debt collection company.
[1] https://apps.adr.org/ClauseRegistryUI/faces/org/adr/extapps/...
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#26It really would be nice for some legislation to restore access to the justice system.
This is what we need, yeah. I don't have a problem with binding arbitration if parties with equal leverage agree to it, but it should be flat out illegal to require it as terms of employment or part of ToS.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#27The threat of mass-filed arbitration is almost like the new class action.
For me, I don't want to be forced to pay for my day in court (and the years of paperwork to get there).
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#28I literally can't keep up with every company I do business with. It's impossible so I just give up.
This site has really been fighting things the wrong way. Reading every ToS, installing linux, replacing the firmware on your router, etc won't give you you rights back. It's an impossible battle. The real solution is having the laws updated to enshrine your rights. Years of promoting f-droid and custom android roms did far less for software freedom than the EU telling Apple they need to open up their platform, and telling tech companies to respect user privacy.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#29As a consumer, I’m not sure I understand the disdain for forced arbitration. I understand discord desires it because it helps prevent rulings becoming case law.
But I am going through forced arbitration right now in a personal lawsuit, and part of it is bleeding to a third party that does not arbitrate, which means real court. By all accounts I have been assured by my lawyer we are in a better position pursuing arbitration over litigation. Both seem to be quite expensive options, though fortunately there is a clause for legal fees to the prevailing side (and in my case evidence in my favor is airtight).
Any enlightenment would be wonderful.
Re: Discord Applying Forced Arbitration - opt-out before it is too late!
#30It really would be nice for some legislation to restore access to the justice system.
This is what we need, yeah. I don't have a problem with binding arbitration if parties with equal leverage agree to it, but it should be flat out illegal to require it as terms of employment or part of ToS.
> … or part of ToS.
Let’s forget employment for a sec and just look at a product’s terms. Why can’t you just not use the product?
“It’s popular” is hardly an excuse for something new if you’re picking the platform.
If it’s an existing community and you feel forced to join a closed system with too many rules for your tastes, skip it. The community will suffer and hopefully they change to something you’ll like. But if not, screw em.