said by fireflier:If several judges have already pointed out they can't erode consumer rights via fine print, there's already a precedent they've done so by the fact that they keep doing it.
There has been precidents set both ways
according to this list discussion post from the /. article. Laws vary from state to state and apparently nothing has been set at the federal level, so it will remain that way for the time being.
I may be wrong, but I can't imagine it would take a good attorney very long to blow a lot of large holes right through that part of the contract.
You'd probably be wrong. If it was an easy (aka cheap) process it would have been done already. I'm not saying that it can't or won't be done, only that it's harder then you would expect. Any challenge to it would come at a sizable cost, only to turn around and potentially having even a greater cost when it goes to trial if you succeeded.