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Doyce

So McDonald's is giving away free fries for the rest of the year...

... if you use their mobile app

... and agree to the updated terms and conditions

... which say: if you use this app you waive your right to trial in any class action lawsuits against McDonalds."

We live in the lamest dystopia.

The stuff that got edited out of Snow Crash.

@Doyce McD has gotten nasty the last few years. in my area anyway

@doyce shouldnt it be illegal to wave right to trial like that?

@lamp Yes, it should, but it isn't, and probably won't be any time soon. Too many corporate stooges in the legislature, on both sides of the aisle.

@lamp @Doyce It is in other countries like the UK where basic consumer protection/unfair contract terms laws prevent this sort of thing.

@doyce shouldnt it be illegal to wave right to trial like that?

@lamp @doyce You'd think so, but it's very, very commonplace. You see it all the time in EULAs, for example.

And McD's is forcing this bullshit onto merely visiting their website too, so no more looking at their menu either...

@pteryx @lamp @Doyce I'm very, very happy about consumer protection laws in the EU and I wonder how long we can keep those.

@lamp @Laird_Dave @Doyce @pteryx you wouldn’t need that clause in the EU, class action is not really possible here anyways

@lamp @Doyce
It would really come down to what a court would find to be fair and reasonable contract. You could argue that the clause in the app bears no relationship to using the app so is 'unreasonable' in that sense but I have no expertise in this area. So I am just guessing.

@lamp @Doyce I'm pretty sure that it is specifically illegal in the US. But also EULAs are not legally binding so it doesn't matter either way.

@Doyce

Yeah well. Snow Crash still has pizza in 30 minutes. You win some, you lose some.

@Doyce Also, giving up one's right to use the legal system of the country you are a citizen of shouldn't be legal.

You shouldn't be able to waive that right.

@lispi314 @doyce Often you don't, since this doesn't fit the real definition of a contract. You may have to file in court to break the provision if you need to, but the forced arbitration clauses are really to make most people give up. Arbitration is generally unsuited to a dispute in which the parties are nowhere near equal. The big guy owns the arbitrator because all their business comes from disputes with the big guy.

@doyce when i was young it was, like, study hard to go to law school or you'll be stuck saying "do you want fries with that"

apparently some awful in-house ended up doing both

@doyce

It's quite simple. Have the law say the rights are unwaivable and that any such conditions in the contract are null and void. And that such language in a contract is a tort and subjects the company to an escalating fine.

@doyce @CassandraZeroCovid @Gigawatt121 “This is how it is, see? The law isn’t the law because we’re using this other law over here to break the law. Now check the box.”

@doyce @Gigawatt121 It is also presented on their web site as a nearly unilateral contract - If you continue to use this web site you have agreed to binding arbitration and more.

I was nonplussed, then closed the tab.

@doyce Why would I ever need to sue McDonald’s? I’m not going to to spill hot coffee in my lap.

@doyce

The dreaded day has come. Terms & Conditions, Terms of Service and Privacy Policies are now must-reads.

Millions will jump on this "deal". And McDonalds will compensate for this minute loss by sneaking in small price raises on that other stuff they call food.

Oh dear. What did they find out they did, @Doyce?

@Doyce

Holy crap! Do you have a link to the section of the terms of service that establish this?

@Doyce Is that even something you can waive? Sounds like those safety disclaimers you sign before rock climbing that don't do anything except sound a bit ominous.

@Doyce

My roommate does not comprehend.

The last time she offered to pick me up something there, I told her, "The only thing I ever want from McDonald's is for it to be ON FIRE."

But I think she still doesn't get it.

@doyce
"The stuff that got edited out of Snow Crash" is about the most succinct condemnation of our modern dystopia that I can imagine.
@SRDas

@samweingamgee @doyce @SRDas
Not even the great mind of the @GreatDismal himself would countenance a dystopia where you couldn't even eat fries without first selling your soul to the corporate machines. That would be too unreal.

@Doyce Is this legal anyway? I assume if it goes to court, this clause will be declared meaningless.

@doyce “War is peace, freedom is slavery, and ignorance is strength. Free fries for life.”

@doyce@dice.camp it'll be interesting to see if that's actually enforceable.

Like it does seem like sufficient notice and whatnot. But that doesn't seem like a reasonable term. Nobody reads those.

"...the collapse of other ways to regulate companies, and the inability to sue for a lot of the things that go on in our lives. Most of your life you have signed contracts saying 'I promise not to sue you, and instead, I will arbitrate if there’s a problem.' What’s left is the stuff that you don’t sign a contract for, the stuff that you buy in the store. So the $5 purchases or the fast-food lunch, there you can still sue."
marketplace.org/2023/09/20/did

#corporations #law #power #consumer

Marketplace · Why false advertising suits are on the rise in the fast-food industry - MarketplaceRebecca Tushnet of Harvard Law School explains the incentive behind companies making vague promises to consumers.

@Doyce Idk, I wasn't planning on filing a Class action lawsuit against McDonalds, but free fries sounds nice.

@Doyce Inseguridad legal a cambio de patatas fritas. ¿Qué podría salir mal?

@doyce also mobile app orders are one more way to overwhelm service workers. Literally got locked in a Dunkin Donuts a few weeks back because the employees were close to nervous breakdown from the piles of app orders and could not manage walk in customers as well.

@doyce This year I bought a clothes washing machine which allows you to customize the cycles if you use their app which requires agreeing to their terms and conditions which opt you out of suing them

@doyce I'm still betting that Taco Bell wins the fast-food franchise wars.

@Doyce nah, it was all buried in that entire chapter of regulations for respectful use of US currency

@doyce Oooookkkkk. So what horrifying health outcome did they just admit to?

@Doyce what I would like to know: what kind if disgusting stuff do they have in store that they expect more class action law suits.

@doyce stuff that got edited out of Stand on Zanzibar