Forced arbitration?

[widebody911]

I'm surprised that I haven't seen anything here about this yet. Companies are now redefining their "terms of service" (using the term loosely) such that by downloading a coupon, "like"-ing them on Facebook, or simply purchasing their product, you are binding yourself to forced arbitration in the case where you have a legal issue with the product or company.

http://www.nytimes.com/2014/04/17/business/when-liking-a-brand-online-voids-the-right-to-sue.html?_r=0

You're Not Allowed to Sue General Mills If You Like Them on Facebook

Eat Burger, Waive Right to Sue | Mother Jones

[john70t]

I've read Arbitrators tend to be highly biased in favor of whomever brings them the bulk business.
As in 90% plus.

I suppose it could be argued this line-item mumbo jumbo is a "Contract via Adhesion"
(eg opening the box means automatically accepting the enclosed TOS.)

[wdfifteen]

I posted a question about this a few months ago. Six months after signing my contract and setting up my HSA, the bank sent an email with new terms of service. If I continued to do business with them I lost my right to sue them or engage in a class action. Millions of Americans sacrificed so we could have a fair legal system and the banking industry does away with it with an email.

[widebody911]

It's a beautiful thing when one party can unilaterally change the terms of a contract.

[HHI944]

I ain't a lawyer, but I know a ton of em.... including former federal prosecutors and federal judges. .... In short, how it was explained to me, you cannot sign away your right to seek civil recourse. .... you may have to go to their bs arbitration before a judge will hear the case, but you can always Sue

[Ronbo]

Originally Posted by HHI944

.... you may have to go to their bs arbitration before a judge will hear the case, but you can always Sue

As I understand it, arbitration is binding and you give up your right to file a lawsuit.

[Tobra]

Only if you agreed to those terms, someone else can't give up your legal rights for you, unless they have power of attorney to do so.

Originally Posted by widebody911

It's a beautiful thing when one party can unilaterally change the terms of a contract.

If they do, it was never a contract, but I guess that is sort of your point.

[jyl]

Perhaps I should spam mail/email every company and person I deal with, a boilerplate notice to the effect of "by transacting with me you waive any claim to arbitration and agree any dispute between us will be decided before a jury". I imagine that would be as binding as the boilerplate notices that the companies use on us.

[sc_rufctr]

Originally Posted by widebody911

It's a beautiful thing when one party can unilaterally change the terms of a contract.

This

Originally Posted by Tobra

Only if you agreed to those terms, someone else can't give up your legal rights for you, unless they have power of attorney to do so.

If they do, it was never a contract, but I guess that is sort of your point.

and this...

So how can they legally hold you to it?