Late stage capitalism. That trap of Disney+ will not work anywhere in the world but in the corporation called “USA”.
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The Disney+ arbitration clause also specifies that it only applies to issues related to the Disney+ service, so this is an attorney who is either an idiot or who was hoping that a private citizen would believe that something like this was legal, which says a lot about the state of consumer protections in the US.
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I have noticed that every gym and sports club has a similar agreement.
Gyms go out of business frequently. It might be a good business model to swoop in and acquire any failing business that has these agreements with their customers. With the purchase of a few dozen failed businesses one could be nearly immune to lawsuits.
If I was a celebrity who was being sued it might be cheaper to acquire the yoga studio or ski resort used by my accuser than to pay any settlement.
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Thomas will sell you a verdict for as cheap as an RV. Maybe he can get himself a couple nights in that stupidly expensive Disney hotel
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Thomas and Alito might go along with Disney on that, but the others won’t. Also, your pic is out of date.
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Yeah, the togas now sport the logos of their patrons.
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This incident occurred at a third party restaurant at Disney Springs (part of Walt Disney World), not at Disneyland.
As someone who spends a lot of time trying to defeat arb. clauses on behalf of classes of consumers, I have to say that I am surprised Disney asserted it here. This is the type of fact pattern that puts the entire arbitration enterprise at risk for defendants.
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Yeah yeah. But also, Breyer has retired, and Ketanji Brown-Jackson is now on the Court. The pic is out of date.
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You can’t contract away statutory rights in most of the world.
That includes when you sign up to Disney+, and anything that goes wrong with Disney+
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Yeah, as the article notes this seems to be something they haven’t tried in the past, probably for the reason you describe. (Not to mention the PR fallout.)
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It’s also generally the case in the US. A contract isn’t valid unless it means the same thing to both parties. But of course this assumes that both parties are on equal footing in a courtroom and one side doesn’t have a warchest that is literally a million times bigger than the other.
Some aspects of US contract law is better regulated than others. Most states have civil code and case law when it comes to real estate and employment contracts. But we’re universally bad when it comes to end-user license agreements, service agreements, etc.
We’re going to eventually have to start appealing the bad rulings, and taking them to the Supreme Court. But I think we should wait until there are more people on the Court that serve the people instead of their own bank accounts or their fascist friends.
Alternative way out is for the legislature to shift its ass and write some Amendments that make it clear where the division between corporations and the government (including the courts) really is.
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Boy, Disney is going to wish they didn’t try to rake this guy over the coals with this phoney ass defense strategy. I don’t care if they actually have a case, this is full-on Streisand Effect at its worst (for Disney).
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Arbitration has also been an important part of union/management relations for 80 years. It is a lot cheaper for a union to submit disputes over the collective bargaining agreement to a jointly selected arbitrator than it is to sue for breach of contract in court.
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Sure, but there, again, that’s not an individual up against a corporation. That’s why unions are necessary. It evens the playing field a little, power wise.
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Absolutely. The arbitration provisions are negotiated and agreed by the parties in the labor contract. Individual consumers or employees have no say in the arbitration process contained in the contracts they sign.
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This is obvious nonsense no matter what the courts decide, of course. My understanding (not based on any deep search, just things I’ve been told by former employees) is that Disney has always gone to extreme lengths to avoid people being declared dead in their parks, because of anything they did.
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