- cross-posted to:
- technology@beehaw.org
- discordapp@lemmy.world
- cross-posted to:
- technology@beehaw.org
- discordapp@lemmy.world
cross-posted from: https://lemmy.dbzer0.com/post/17618684
Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable.
The new ToS goes into effect April 15th, 2024.
YOU CAN OPT OUT OF ARBITRATION. You must email arbitration-opt-out@discord.com BEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever.
Opt-out before it’s too late.
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Am I right in thinking this only applies to US users?
Yeah. The arbitration section of the agreement specifically says it only applies to US residents.
It wouldn’t surprise me if that were the case, US doesn’t seem to be very consumer-friendly.
We’re only billionaire friendly.
Such a shame your billionaires aren’t friendly
You cant become a billionaire ethically, so its difficult to imagine that any of them are.
Exactly
I dont think this would fly in the EU, but will opt out just in case
Your legal system literally uses arbitration instead of law suits. EU is civic law not common, the judge is an arbiter in Germany.
One key problem with forced arbitration clauses is that company chooses and pays the “neutral” arbiter, who is inevitably biased against the consumer.
My “you cannot sue me for anything illegal ive done” clause is making people ask a lot of questions about illegal things that ive done that are answered by my “you cannot zue me for anything illegal ive done” clause
I am not a lawyer, but:
Given the recent trend of corporations trying to force you to give up your legal rights, I strongly advise everyone here to check their local laws and see if this sort of forced arbitration is even legal where they live.
Just for the sake of example I’ll translate an excerpt of the local (Brazilian) Customers’ Defence Code, from 1990:
Section II. On abusive clauses.
Article 51. Contractual clauses referring to the supply of goods and services are void of full right (i.e. non-enforceable), when: […]
subsection VII - they determine the compulsory usage of arbitration.
I bet that most people around the world have similar laws protecting them. Use them or you’ll lose them.
This is true. Generally speaking, arbitration isn’t enforced (or enforceable at all) outside of the U.S. Discord knows this and explicitly states that the arbitration agreement will only apply if you are a US Resident; and any other conflicts will be subject to federal and California law. That said, they should still try to opt out if they can, if only to send a message.
Haha. I sent them an opt-out notice by email, and it bounced!
They are using Google email servers for discord .com and Google has apparently shadowbanned me. It gives an error message saying “The account [my email address] is disabled.” but I have never created a Google or Gmail account, and my email address is on a domain not associated with Google at all.
So I’ve completed my obligation to opt-out. Discord will have no record of it, but I have the email server logs to prove I sent it.
If, in the future, anyone needs to sue Discord and forgot to opt-out, feel free to use this same excuse.
Classic. Assuming that’s the email you registered your discord account works, wonder how that domain blacklist even works if it’s your primary login. It must have been added after you registered.
That’s a major problem with any non-standard email domain names… They’re always at risk of being blacklisted by the big names due to “spam” (which conveniently entrenches the power of the big player domains like google). It basically means you can’t ever self host email because many large sites will auto blacklist EVERY email server until approved.
Relevant instructions:
Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out<at>discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later
I had to ask bing copilot how to write the opt out email. Here’s a template for everyone to use.
Subject: Opt-Out of Discord Arbitration Clause Dear Discord Legal Team, I am writing to formally opt out of the arbitration clause outlined in your Terms of Service. I do not wish to be bound by the arbitration provisions. Please confirm my opt-out status via email. Thank you for your attention to this matter. Sincerely, [Your Full Name] [Your Discord Username]Why did you have to ask copilot to write that simple email…?
wHy dId yOu hAvE tO aSk cOpIlOt tO wRiTe tHaT sImPlE eMaIl…?
fixed iT for yOu
Welp, killed the account.
Honestly, I wasn’t getting much value out of it, so it made sense.
Super weird. I remember opting out of arbitration with them years ago… Like, 5+ years ago. Seems funky that they could just require me to opt out again.
When I opt out, do they delete or lock my account?
No, not according to the current wording of the ToS. It only removes you from the arbitration requirement, but still retains all other sections of the ToS and allows you to keep your account.
If they do choose to terminate you, it will make for a very interesting PR news cycle for them.
Wait I already opted out of arbitration 5 or 6 years ago do I need to do it again?
This seems like an unreasonable provision that wouldn’t hold up in court. Companies put all kinds of unenforceable shit in their contracts.
It’s perfectly enforceable in the US. Almost every corporation uses arbitration now, because handpicked arbitrators rule in favor of the corporations 99% of the time. All completely outside of the public legal system, all completely secret, all completely legal and allowed.
Freest* country on earth baby!
* Free to fuck the working class, that is.
It’s also possible to use it against them though. The twist on arbitration is that the company has to pay for the arbiter win or lose. If a bunch of people opt to use it for a relatively minor issue, it’s more expensive for them than a regular lawsuit even if they do win.
Even for individual stuff, it can be nice. I had a car dealership try to fuck me over. I looked into the arbitration clause, found the arbiters they used, and found out it was going to cost the dealership $4,000 to go to the arbiter over a $1,500 dispute. If I won, I’d get my repair and they’d lose $4,000. If I lost, I wouldn’t get my repair, and they’d lose $4,000.
When I explained that they did the repair for free.
You will be happy to know that modern EULAs now have provisions against mass arbitration and bind you to a “class action” style arbitration.
I honestly don’t understand how any of this is legal considering they can’t prove you agreed to anything at all. I know my family members have agreed to junk while visiting my house and I don’t know what account and where.
I don’t expect that to stand up to a court challenge. Arbitration allows extra-judicial resolution of individual or class agreements (though most arbitration clauses actually prohibit class-action arbitration). But mandatory class arbitration would make it effectively impossible to seek individual damages of any kind, and there’s no way that’s legal.
You can lose your individual right to sue by not opting out of class membership when a class-action settlement or ruling is reached, yes. But that’s not the same as automatically being assigned to a class before a suit can occur.
Check out section 1K of Roku’s agreement
Settling disputes between you and Discord
Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing disputes@discordapp.com written notice (‘Written Notice’), which must include: (1) your name; (2) the email address or phone number associated with your Discord account; (3) a detailed description of the issue, and (4) how you’d like to resolve it. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Discord agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to disputes@discordapp.com, while the parties attempt informal resolution.
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (‘OCDS’) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to disputes@discordapp.com, will not toll the applicable statutes of limitations or other deadlines.
Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law, and California law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any dispute that is not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco County, California, and you and Discord both consent to venue and personal jurisdiction in these courts.
If you are a consumer who resides in the European Union, this clause and these conditions generally do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services or these conditions shall be subject to the exclusive jurisdiction of the court of Amsterdam (The Netherlands) or, if you are a consumer, to the closest court to your home if you are in a state member of the Europan Union.
THIS. Now, next time anyone posts something, think a little bit more about the rest of the world, because we exist too. US is not the only place here.
I wish people paid more attention to Asia as well haha. At least y’all get mentioned.
