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23andMe is updating its TOS to force binding arbitration with a limited opt-out window (stackdiary.com)

submitted 11 months ago by [email protected] to c/[email protected]

14 comments fedilink hide all child comments

This change will force its users into binding arbitration, which is a means to resolve disputes (such as a cybersecurity breach leaking your DNA data) outside of court.

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[–] [email protected] 99 points 11 months ago (9 children)

I'm not a lawyer, but I don't think that retroactively applies to things that happened before the ToS got updated.

So 23andMe would still be open to lawsuits for the previous breach

[–] [email protected] 27 points 11 months ago* (last edited 11 months ago) (3 children)

I'd almost guarantee the original TOS had a line like "we can change the TOS at any time."

Having said that, I also thought I'd seen quite some time ago that burying undesirable restrictions in the fine print of a TOS doesn't help companies who fuck up as much as they hope it will in court because it's been acknowledged that so few people thoroughly read them.

IIRC they scare people into thinking they have signed away legal rights more than they actually have. I could be wrong, but that's my recollection.

Edit: Just a quick search - https://www.rocketlawyer.com/family-and-personal/personal-finance/consumer-protection/legal-guide/your-rights-if-a-business-changes-its-terms-of-service

Consumer protection laws

Federal law and many state laws protect consumers from a wide range of deceptive, fraudulent, or unfair business practices. As mentioned earlier, businesses can enforce their TOS even if their users did not read them in their entirety, but only if the terms are reasonable and fair. Hiding unusual terms deep in the fine print of the TOS could be considered deceptive.

[–] [email protected] 7 points 11 months ago (1 children)

But would that hold up in court?

[–] [email protected] 6 points 11 months ago (1 children)

That part doesn't matter as much. They have a legal department and a budget for outside council. You're just some schmuck who's been victimized. You want to fight them in court, it's going to require thousands of dollars just to get through the binding arbitration for you to challenge it, costing more money and more time.

The point is not to win in court, but to stall and obstruct.

[–] [email protected] 1 points 11 months ago

Or to sew your mouth to another person's anus.

The cuttlefish and asparagus isn't sitting well.

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