
Why a Judge Made Uber Create an Email Address - heshiebee
https://jalopnik.com/why-a-judge-made-uber-create-an-email-address-1840342381
======
mindslight
When will a judge just strike down this binding arbitration scheme in general?
The setup of binding arbitration goes against the fundamental idea of a
_contract_ by handing the power of interpretation to an agent of one of the
parties.

The groups pushing this nonsense seem to have regrouped at "you agree to
arbitration unless you send us a notice to opt out in this small timeframe",
adding complexity in an attempt to create something legally defensible. But
there is still no consideration for accepting that specific provision besides
"ha-ha got you", so it clearly won't last either. We just have to put up with
it until the right test case and judge comes along.

With what we know about computational complexity, there really needs to be an
explicit disincentive for drafters to contracts, contracts of adhesion
especially, to not attempt these types of hostile terms in the first place.

~~~
timoth3y
It should probably be made null in non-negotiated contracts like EULAs.

If two parties of equal power and status want to agree to resolve their issues
trough arbitration rather than litigation, that's a great thing.

Traditionally that what binding arbitration was.

------
Nextgrid
I still don’t understand why arbitration is a thing. Like what’s the point of
the law if you can just put some BS in an obscure part of the terms of service
and become completely immune to it?

~~~
colejohnson66
The argument is that you didn’t just agree to the terms by signing up, you
checked a box saying you did.

~~~
Nextgrid
I thought the point of the law was that you can't just opt-out of it if you
find it inconvenient.

