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| |said by Skippy25:You are seriously arguing that corporations would rather have class action lawsuits as part of the legal system, than not? I don't think so. Why do you think AT&T, for example, allows individuals to sue in small claims court as an alternative to arbitration? (Bet you didn't know that. Read your TOS.) But they don't allow class action lawsuits? That is what they are trying to avoid by specifying arbitration in their terms.
So you think it would be better and more efficient if a company had to defend itself against 100 or several thousand people in many different states and counties?
I understand what you are saying, but I think it would cost a company a bunch more money and tie up a lot more court time to have to defend itself against thousands then if it had to defend itself one time representing those thousands.
Class action lawsuits I think help them control their legal fees. I personally believe their #1 motivation behind this is related to PR cost, not the actual fines they pay out as a result class action. I think they are also relying on people just accepting what they put in their contracts and then feeling like they have no choice.
Well, you don't. But first, it's not a contract. A contract requires two parties to sign it and must include an exchange of value. It's a TOS document that you agree to. Second, even if it weren't electronic, you'd need both parties to agree to changes. You can't just mark out a line on a contract arbitrarily, the other party must sign it too.
My question is... how do you mark out a line on a contract when you are accepting it electronically? It is an all or none deal then.