Re:Texas sues Meta, saying it misused facial recognition data
by Mountain_Skies on Tuesday February 15, 2022 @10:34AM
(#30347809)
A couple of companies have been burned by that when a large number of customers all filed for arbitration at the same time. Because the company is responsible for the arbitration costs, it quickly became much more expensive than defending a class action lawsuit would have been. Arbitration is good if you're only expecting random one-off lawsuits here and there but if you're going to anger a large number of people, using it as an alternative to the legal system can quickly backfire.
Re:Texas sues Meta, saying it misused facial recognition data
by 2pEXgD0fZ5cF on Tuesday February 15, 2022 @09:46AM
(#30347083)
I should've put my emphasis on the "anything" part, surely there will always be aspects that can't override established law. At least for now, who knows if in the future Zuckerberg sneaks some Droit du seigneur [1] clause into Facebooks ToS once Silicon Valley has successfully "disrupted" Bodily integrity.
The fairness, reasonableness, or conscionableness of the rest of the contract is then not reviewable or adjudicate by a court of law. The arbiter will decide the fairness.
Due to clickwarp, you are not required to understand or perceive your loss of rights for them to be lost.
Corporations love them.
So, yes, they can be "gotcha"s