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Re:Impact of the Amazon-Whole Foods Deal on Instacart by rayiner on Wednesday November 08, 2017 @10:42PM (#15659663)
If they’re doing that they should stop because it’s a slam-dunk fraud class action. That’s true even without any promotion agreement and even if the customer consents to the higher priced item.
Re:Impact of the Amazon-Whole Foods Deal on Instacart by techsupporter on Wednesday November 08, 2017 @10:45PM (#15659676)
> it’s a slam-dunk fraud class action.

Ah, if only it was that simple. Companies just don't let you sue any more. (Including, I hasten to add, almost every single one of those darling HN graduates.)

https://www.instacart.com/terms

CTRL-F, "Arbitration"

> Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Instacart agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.

> CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Re:Impact of the Amazon-Whole Foods Deal on Instacart by rayiner on Wednesday November 08, 2017 @10:47PM (#15659683)
Hah, of course. I meant whatever, there is a lot of bad class action litigation. I figured it was worth pointing out here because it would seem like the customer agreeing to the higher priced item would immunize you, but it wouldn’t.
Re:Impact of the Amazon-Whole Foods Deal on Instacart by techsupporter on Wednesday November 08, 2017 @10:57PM (#15659730)
But that was kind of my point: Delivering anything short of a bobcat[0] instead of a bag of potatoes doesn't matter. Instacart's own terms of service put the onus on running you through the arbitration gauntlet. Well, or small claims, but only one person at a time so they can just drip-dry the entire problem away.

Sure, people will eventually stop using the service if the problem gets bad enough but as long as they keep the salami sliced[1] fairly thin, they'll get away with it for a long time with no outside check.

0 - https://www.xkcd.com/325/

1 - http://scams.wikispaces.com/Salami+Slicing

Re:Impact of the Amazon-Whole Foods Deal on Instacart by dreamdu5t on Thursday November 09, 2017 @12:31AM (#15660124)
This clause is not legal or enforceable. You can sue anyone you agreed not to, contrary to corporate legal attempts to intimidate.
Re:Impact of the Amazon-Whole Foods Deal on Instacart by icebraining on Thursday November 09, 2017 @03:15AM (#15660730)
On what do you base this claim? As far as I know, you can't, as per the Federal Arbitration Act. And after Concepcion you can even be forced to go to arbitration on an individual basis rather than as a class.
Re:Impact of the Amazon-Whole Foods Deal on Instacart by notyourday on Thursday November 09, 2017 @09:50AM (#15662816)
You can file. It will never make it past the first motion.