 ChucklesPremium
join:2006-03-04
Saint Paul, MN | How about... If you want to sue and you didn't opt out can you just cancel your service and then sue?
How can this work? Can I send someone a letter that says if you don't reply to this saying you do not want to owe me $20 then you will owe me $20?
--
kustomerservice.net |
|
 swhx7Premium
join:2006-07-23
Elbonia | said by Chuckles:If you want to sue and you didn't opt out can you just cancel your service and then sue? How can this work? Can I send someone a letter that says if you don't reply to this saying you do not want to owe me $20 then you will owe me $20?
Usually these things take the form of a contract. It's called an "agreement" even though there is no chance of negotiation. The corporation has so much more bargaining power than any individual, they offer these so-called "agreements" on a "take it or leave it" basis (a "contract of adhesion" in legal terms).
Also, usually they have clauses saying that the arbitration clause "survives" the relationship. So in other words, it applies to any controversy related to your relations with the company, even after you're no longer a customer. |
|
 Morac
join:2001-08-30
Riverside, NJ
kudos:1
 ·Comcast
| Except in this case no "agreement" was ever made. Comcast can't just change the terms of service on their end and never tell you. You have to "agree" (in some way or form) to the terms.
--
The Comcast Disney Avatar has been retired. |
|
swhx7Premium
join:2006-07-23
Elbonia | Usually the so-called "agreement" is the customer continuing to use the service after the provider changes the terms. Credit-card-issuing banks do this every few months: they send a little flyer with a lot of tiny print, and it says if you don't close your account, or if you use it after this is sent to you, you've thereby consented to the new terms. With software companies, online stores, etc. the terms may be only online and not even sent to you, and the "fine print" itself declares that this is adequate notice.
It's totally one-sided, and these may not be real contracts in a philosophical sense, but legally they are. At least, the courts usually uphold these arrangements. |
|
