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#1 |
I lost an avatar bet.
Join Date: Dec 2001
Posts: 26,821
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How can the NRSC say that if you try to sue us, then we’ll just choose arbitrator?
So, I’m getting unsolicited texts from the National Republican Senatorial Committee (packed with lies, but that’s another matter). I go to their website and I am reading all the fine print and I come across the claim that if there is any legal dispute, you agree to not file a class action suit and you agree to arbitration in Seattle, Washington.
If I haven’t entered into an agreement with them, how can they say that I have to use arbitration in Washington? |
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I lost an avatar bet to Doghouse Reilly. |
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#2 |
post-pre-born
Join Date: Dec 2003
Location: Santa Barbara, CA
Posts: 23,405
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Warning: IANAL
They can't. There has to be an agreement to force arbitration. |
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#3 |
Philosopher
Join Date: Dec 2006
Posts: 9,405
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Did you actually join, even inadvertently by pressing the wrong button? That's likely part of the agreement you accept when you join, just as it's often part of the terms when you open a bank account or get a credit card. Nobody can just proclaim "You can't sue me!" out of the blue.
Where is the language on their site? https://www.nrsc.org/ |
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#4 |
Penultimate Amazing
Join Date: Aug 2007
Posts: 39,617
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#5 |
No Punting
Join Date: Jan 2005
Location: Montani Semper Liberi
Posts: 3,256
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Sure you can. All sorts of businesses put up signs disclaiming liability. They aren't all that enforceable, but if someone sees it and doesn't sue it pays for itself.
The federal arbitration act can be a bummer though. We are about two supreme court decisions away from "that you didn't agree to arbitration is a matter for the arbitration process" as a holding. |
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#6 |
Philosopher
Join Date: Dec 2006
Posts: 9,405
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But usually that's as a condition of providing service: "If you leave your coat with us, we're not responsible for losing it;" "If you use our car wash, we're not responsible for scratching your paint." You can choose not to accept the service. And even that doesn't protect them from their gross negligence or willful misconduct. That's why I asked what the site said. It's probably something like "By using our site, you are agreeing that any dispute will be resolved through arbitration." It's still a conditional trade; you can leave the site. But I can't just send random strangers a binding notice saying "You can't sue me."
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#7 |
No Punting
Join Date: Jan 2005
Location: Montani Semper Liberi
Posts: 3,256
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