On today’s episode of “This shouldn’t be legal”…

Source: https://twitter.com/A_Seagull/status/1789468582281400792

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48 points

even then, it’s essentially paywalling your rights. you need to go to court, wait for the matter to be adjudicated, hope it works out in your favor, run out any potential appeals, all while paying attorneys and not being able to do something you’re legally entitled to do. If you can’t do all that, then your rights are moot.

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9 points

That’s what they want you to think, just start a class action lawsuit. Lawyer love those. Force the companies to respond to the class actions.

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11 points

Collective mass arbitration is my favorite counter to this tactic, and is dramatically more costly for the company than a class action lawsuit.

https://www.nytimes.com/2020/04/06/business/arbitration-overload.html

A lot of companies got spooked a few years back and walked back their arbitration agreements. I wonder what changed for companies to decide it’s worth it again. Maybe the lack of discovery in the arbitration process even with higher costs?

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2 points

You can’t “just start” a class action suit. You need to sue, get other people to sue, coordinate, and apply for class action status. That’s more time and effort than an individual suit.

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