AT&T Changes Terms of Service

[MrM]

http://www.mobilecrunch.com/2009/08...es-contract-to-prevent-class-action-lawsuits/

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

In other words, thanks to the new wording of the AT&T contract, if you feel like entering into a class action lawsuit against AT&T, well, you can’t. It’s all there in black and white.

 

[navajarunner]

Sounds like a buncha bull. Just because they write it in there does not mean it can't happen.

 

[Bacong]

Since they changed their ToS, that means I can get out of my contract without paying the ETF!!!!

Not going to but still.

 

[lavinci]

Since they changed their ToS, that means I can get out of my contract without paying the ETF!!!!

Not going to but still.

Haha, just say you want to sue for something random.

 

[samcraig]

Can we file a class action against their anti-class action clause?

 

[cmaier]

This is not a change in the ToS. This is merely someone rediscovering what was already there. Slow news day.

 

[barkomatic]

Sounds like a buncha bull. Just because they write it in there does not mean it can't happen.

Exactly, AT&T doesn't get to say what your legal rights are.

 

[Small White Car]

Exactly, AT&T doesn't get to say what your legal rights are.

Ever done something like bungee jumping or paintball?

You can absolutely sign away your right to sue. They'll make you do it beforehand.

It doesn't count if there's an accident that's their fault, but if you shoot yourself in the eye, you signed a form saying it's not their fault.

Point being, you're wrong. You can sign a contract where you forfeit the right to sue under certain circumstances.

 

[kas23]

Gee, why would AT&T ever think people would want to start a class action lawsuit against them?

 

[cmaier]

Exactly, AT&T doesn't get to say what your legal rights are.

Huh? That's what a contract is - an agreement to modify one's legal rights. If I contract to paint your house in exchange for money, I agree to give up my legal right to not paint your house, and you give up your legal right to not pay me for painting your house.

Contracts of all sorts regularly have clauses that, for example, state that laws of different states apply to the contract, that parties cannot sue and must seek arbitration, etc. Usually, these are upheld. There are exceptions, of course (contracts of adhesion, unconscionable terms, etc.)

 

[goosnarrggh]

Ever done something like bungee jumping or paintball?

You can absolutely sign away your right to sue. They'll make you do it beforehand.

It doesn't count if there's an accident that's their fault, but if you shoot yourself in the eye, you signed a form saying it's not their fault.

Point being, you're wrong. You can sign a contract where you forfeit the right to sue under certain circumstances.

Under certain circumstances, you're right. However, the class-action lawsuits regarding early termination fees in California demonstrate that the judge has the option to throw out such clauses in contracts for certain reasons (eg. if they are deemed to be unconscionable) and choose to hear the case anyway.

 

[r6girl]

This is not a change in the ToS. This is merely someone rediscovering what was already there. Slow news day.

This is true. The notice of this change was in my April/May bill and I'm guessing it was the same for most people, putting it well beyond the 30 days you have to refuse a TOS change and get out of the contract without paying the ETF at this point...

 

[musicmax]

...if you feel like entering into a class action lawsuit against AT&T, well, you can’t. It’s all there in black and white.

Ask the Indiana state employees retirement fund how much "it's all there in black and white" counts for these days...