this post was submitted on 15 Apr 2024
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This got me thinking the other day... How on earth does tapping a square on your phone become a legally binding agreement? There's no signature, verification of identity, etc., so how is me just saying "It wasn't me who clicked yes", not enough to totally invalidate this "agreement"? Especially in the case of forced arbitration clauses, if I don't even provide my real information to Discord, how on earth could anyone legally say I can't sue them?
In the vast majority of cases the agreements will not hold up in court, but the problem is that in the USA the winners pay their own legal fees so most average citizens can't afford to even enter a legal battle. Even if we used a system like the UK where the loser pays for the winner's legal fees by default, it could still be months to years and the attorney's might not be able to work pro bono for that amount of time.
Ah, the old faithful, "legally binding until you spend a million dollars proving that it's not" strategy. Classic.
Yup, winning is often losing.
The best option is to just not use services with bad TOS.