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A comment on US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]. Parent comment

Re:US Court of Appeals: TOS may be updated by email, use can... by close04 on Monday March 09, 2026 @03:48AM (#47305948)
But the “initial” T&C allows them to cancel your contract unless there’s a minimum contractual period. They can take that opportunity to force you into a deal change. The change is that now just using the service is considered consent.

The real problem is that the law allows this power imbalance and doesn’t tip the scales to even it out for the end user. That for me is evidence that the law is made for the companies (probably by the companies too).

I have the same in the car. Been postponing for 2 years now.

I wonder if this can be weaponized by users too (probably no legal basis for this), just send them a new T&C again and again and say delivering the service is consent. Force the companies to say the quiet part out loud: users are not allowed to have the same liberties as the company.

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Re:US Court of Appeals: TOS may be updated by email, use can... by Barbing on Monday March 09, 2026 @04:11AM (#47306109)
>just send them a new T&C every day and say delivering the service is consent.

That’s domestic terrorism (charges)

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Re:US Court of Appeals: TOS may be updated by email, use can... by Frieren on Monday March 09, 2026 @04:25AM (#47306198)
> That for me is evidence that the law is made for the companies (probably by the companies too).

Yes, everything is becoming more and more convenient for big corporations while individual citizens need to navigate an ever increasingly complex world. Laws are designed to protect capital not individual citizens nor society. That never ends well.

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Re:US Court of Appeals: TOS may be updated by email, use can... by remus on Monday March 09, 2026 @10:25AM (#47309533)
This is just the reality of the power asymmetry and is exactly the same for small company Vs big company. As a small company your business is just not worth that much to big company, so you choices are accept the terms offered or go elsewhere. Or, in an ideal world, there is a competitor who's found a space in the market offering better terms than big company.
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Re:US Court of Appeals: TOS may be updated by email, use can... by gopher_space on Monday March 09, 2026 @08:05AM (#47307975)
Strike out the parts that you don’t like and email it to legal@ Include a cute little JavaScript cat animation to brighten their day.
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Re:US Court of Appeals: TOS may be updated by email, use can... by mghackerlady on Monday March 09, 2026 @09:25AM (#47308763)
please no. no js in anyone's inbox. please. (I do think attaching a gif to the email is a good idea though ;) )
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Re:US Court of Appeals: TOS may be updated by email, use can... by close04 on Monday March 09, 2026 @01:21PM (#47312110)
I did this to FreeNow (the Uber competitor). No cat though. When they changed their “late fee” that I pay to the driver they if I’m late but nobody pays me if they’re late, and made it implicitly accepted, I emailed them my conditions and said that continuing to provide me a service is implicitly accepting them.

I still have the account. Do you think it worked? I’ll need to test that in court.

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