Hannah on Arbitration and Class-Action-Waivers in Terms of Service
On our mailing list about terms of service, where we discuss specific parts of terms, we sometimes end up discussing legal things more generally. Indeed a lot of services, especially in the US, require users to waive their right to a class action or even sometimes require that any matter resolve through private arbitration rather than in the public court system. We often felt that these clauses were unfair for users. So I wanted to share Hannah’s analysis with you. Hannah is an attorney practicising in the US and has been contributing a lot of her insight to the mailing list. Thanks a lot Hannah! -- Hugo
(P.S., this is not meant to be legal advice, etc. It's meant to be common sense. If you write an unfair agreement, it's probably unfair, even if you're technically allowed to do it. The end.)
Context: we were discussing Sony’s terms of service where they impose arbitration and waive rights to a class action.