Western Digital is trying to redefine the word “RPM”

Re:Western Digital is trying to redefine the word “RPM” by Fej on Tuesday September 08, 2020 @12:02AM (#24405080)

Adjacent to WD's recent scumminess, I recently purchased an Ultrastar drive (no longer HGST-branded) and it came with a slip in the box informing me that by purchasing this product (from B&H) I had somehow agreed to binding arbitration.

Companies have been abusing the ability to force consumers into binding arbitration but this is another level. I'm not a lawyer but it doesn't seem to be clear if this would hold up in court; it is however pretty clearly a scare tactic, which is almost worse.

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Re:Western Digital is trying to redefine the word “RPM” by bleepblorp on Tuesday September 08, 2020 @12:17AM (#24405155)

The USSC has ruled that binding arbitration clauses in shrink-wrap consumer contracts are legal and enforceable.

For the usual reasons, congress has refused to change the law to vacate the ruling.

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Re:Western Digital is trying to redefine the word “RPM” by Fej on Tuesday September 08, 2020 @12:49AM (#24405298)

It's not quite so clear, the Wikipedia article on the subject has a bird's eye view of the relevant case law: https://en.wikipedia.org/wiki/Shrink_wrap_contract

For this drive, there is no explicit acceptance of the terms given and the terms are unavailable before not just purchase, but before opening of the box.

Thank you for the comment, I've edited mine to reflect the ambiguity.

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