Actually, when you agree to the terms of service, you conveniently waive the right to participate in a class-action lawsuit.

Source: http://www.justfab.com/index.cfm?action=home.terms_and_condi...

Are there such things as statutory rights in the US? In the UK, they wouldn't be able to force a waiver of a statutory right.

No, actually, that never holds in court.

These types of "agreements" are never intended to be heard in court. They're to scare the average user. Sort of like what patent trolls do (try) to victims who choose to fight.

This is how low down this company is. At the level of patent trolls. Disgusting.

Unfortunately, thanks to a recent SCOTUS decision, it probably will.

Which case was this?

AT&T Mobility LLC v. Concepcion, among other recent rulings.

http://arstechnica.com/tech-policy/2011/04/scotus-rules-att-...

http://blogs.reuters.com/alison-frankel/2013/08/22/how-scotu...

This is why they can require you to waive your rights to participate in a class action. If you look at the ToS for every company you do business with, you'll probably find that several of them were revised almost immediately to take advantage of the AT&T decision. (PayPal comes to mind.)

IANAL but my understanding is that class action lawsuits are basically done at this point.

It does now. See AT&T Mobility LLC v. Concepcion.

Yeah, that doesn't mean a thing.

A class action lawsuit has already been filed.

http://www.scambook.com/blog/2011/10/justfab-com-justfabulou...