this post was submitted on 15 Aug 2024
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A Boring Dystopia
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This could go either way and be an amazing consumer victory, or essentially the end of the right to sue over anything, ever.
Though what will really happen if it looks like Disney might lose, is Disney will pay off the widower to drop the suit and prevent a precedent.
Arbitration clauses in consumer contracts should be either illegal or opt-in (not opt-out). Arbitration is only fair when two sides mutually agree to it, not when a megacorp hides it in the 45th paragraph of their terms and conditions while judges continue to entertain the absurd fiction that it's reasonable to expect consumers to have actually read, understood, and agreed to it.
Disney might want to push it all the way to the Supreme Court, where corporate friendly judges would be all too happy to allow giant corporations to force everyone the interact with into forced arbitration.