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Excludos
Norway8278 Posts
On August 02 2012 08:55 Craton wrote: I doubt this clause is even legally enforceable. We did this dance when origin did the same thing. Yes, you can legally enforce stopping class action lawsuits with a ToS. Its not stopping you from suing them, but its stopping you from suing them in a spesific way that benefits no one including yourself. | ||
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Kojak21
Canada1104 Posts
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Sub40APM
6336 Posts
On August 02 2012 08:32 motbob wrote: I wonder how much consumers actually benefit from class action lawsuits. From what I've seen, payouts are always rather meager. Would love to see the breakdown of payouts (amount paid by the corporation / amount paid to lawyers / amount paid in legal fees / amount paid out to consumers) The purpose of a class action suit, even with a tiny per-plaintiff payout, is to police corporations without waiting for the government/regulator to step in and do it for you. | ||
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Sub40APM
6336 Posts
On August 02 2012 09:01 Excludos wrote: We did this dance when origin did the same thing. Yes, you can legally enforce stopping class action lawsuits with a ToS. Its not stopping you from suing them, but its stopping you from suing them in a spesific way that benefits no one including yourself. O, what case was this? | ||
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Excludos
Norway8278 Posts
Origin had the same thing in their ToS when their service went live, and there was just as much outrage about it because people are equally unlearned about the subject as they are now. Most of the outrage comes from people who doesn't even know what a class action lawsuit is. | ||
Chocolate
United States2350 Posts
Class action lawsuits aren't even used for their actual purpose anymore, anyway. They are meant to extract money from something on behalf of multiple people within one lawsuit, but they are really popular these days because the lawyers that execute them get to keep all of the leftover money, while many consumers, who are the people that the lawsuit is being made for in the first place, walk away penniless. | ||
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Flamingo777
United States1190 Posts
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docvoc
United States5491 Posts
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BuddhaMonk
781 Posts
Take a look at this: http://www.dailykos.com/story/2011/04/27/970624/-Supreme-Court-rules-against-consumers-Again Sucks if you live in the U.S. | ||
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oBlade
United States6418 Posts
On August 02 2012 09:09 Excludos wrote: Origin had the same thing in their ToS when their service went live, and there was just as much outrage about it because people are equally unlearned about the subject as they are now. Most of the outrage comes from people who doesn't even know what a class action lawsuit is. Oh, of course, people think this is bad just because they don't understand it, not because it's bad. Search me. I had just assumed that people agreed with Steam's ToS because they didn't understand it, not because they agree. But you've convinced me. Thanks for that compelling argument. My heart goes out to all the victimized corporations that are forced to defend themselves when they act irresponsibly towards thousands of customers at once. | ||
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Mortality
United States4790 Posts
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TheFrankOne
United States667 Posts
On August 02 2012 08:32 motbob wrote: I wonder how much consumers actually benefit from class action lawsuits. From what I've seen, payouts are always rather meager. Would love to see the breakdown of payouts (amount paid by the corporation / amount paid to lawyers / amount paid in legal fees / amount paid out to consumers) That would be interesting but class action lawsuits also prevent future harm in some cases. The continuing use of whatever practice the lawsuit is over can hurt future consumers, so its not super cut and dry through payouts for cases. | ||
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Murlox
France1699 Posts
Other than that mechanism, I don't know of any legal act that can make you lose your right to sue, in french law at least. This clause has no effect, imo. Edit : and there are so many clauses like that... "this company will not be responsible for blablabla"... lol. Writing that down does not grant magical immunity. | ||
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Niflheim
United States313 Posts
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acker
United States2958 Posts
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raviy
Australia207 Posts
On August 02 2012 08:23 Integra wrote: Legal rights being made illegal through a digital contract. I think you actually could sue valve for this. No. No you can't. You cannot sue someone for having a contract with unenforceable terms. On August 02 2012 07:33 laegoose wrote: Imagine people do class action lawsuit and judge says "lol you've selected a checkbox on the internetz no lawsuits plzkthx". Does it work like that? Yes. On August 02 2012 08:35 Thenerf wrote: Terms of Service is not a legally binding contract. Also a judge can ignore a legally binding contract. This is pretty obvious and the courts do notice these tactics and ignore them. ... No. Terms of Service can be legally binding depending on the manner in which they are presented and accepted. On August 02 2012 08:04 gubbstrut wrote: Agree to terms online by checking a box is about as binding as signing a document without having to show ID, theirs no proof its something you did. ... Signing a document without having to show ID is binding. Proof is another matter altogether. | ||
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Thenerf
United States258 Posts
On August 02 2012 09:44 BuddhaMonk wrote: Well.. for everyone who was saying this is unenforceable (myself included). Take a look at this: http://www.dailykos.com/story/2011/04/27/970624/-Supreme-Court-rules-against-consumers-Again Sucks if you live in the U.S. Considering how many games I have on steam, I could get full market value in refunds totally around 800$ if I went into arbitration. And the bad press for steam would be end of them. Oh and fuck the supreme court, can't get any rulings right. | ||
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aksfjh
United States4853 Posts
Anyways, not much choice in the matter. Could be worse. | ||
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Xanbatou
United States805 Posts
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Coppermantis
United States845 Posts
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