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this post was submitted on 09 Feb 2024
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Technology
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Only if you file suit and the court finds it enforceable. Sometimes they say you can sue anyway.
I’m not aware of that ever happening. It may have, but every case that I’m aware of has ended quickly with the court enforcing the TOS that users “voluntarily” deciphered and agreed to.
One clear example in the US is "warranty void if removed" stickers. It was found that "contract" violated consumer protection laws, so companies are required to prove the customer broke it in an attempt to repair it, instead of just proving the customer attempted to repair it.
Provide the case? I’m very interested to see this.
It's not a case, but action by the FTC. And here are settlements with three companies on similar grounds (conditioning warranties on the manner of repair).