dslreports logo
 story category
Google Fiber Blocks Your Right to Sue in Updated TOS

Google Fiber is in many ways dramatically different from the incumbent ISPs the company is threatening to disrupt. But the company this week made it clear those differences only go so far. Google Fiber this week updated its terms of service to include language mandating all customers engage in binding arbitration, which effectively prevents you from suing the ISP or participating in a class action against Google Fiber.

Click for full size
"You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action," notes the updated TOS, first spotted by Chris Morran over at the Consumerist.

The biggest problem with binding arbitration is because the arbitrator is employed by the ISP, they'll rule for their employer the majority of the time. In the credit card sector, for example, companies that require users engage in binding arbitration win 95% of the time. Companies are further aided by the fact that most consumers either don't read their TOS, or when they do, have no idea what the binding arbitration language even means.

One 2015 study in fact found that just 7% understand that this language eliminates their ability to sue. And while the class action system obviously has problems, binding arbitration is an aggressively worse "solution."

When companies first begin trying to erode user rights via mouse print earlier this decade, several lower courts declared the behavior violated user rights and was "unconscionable." But courtesy of an AT&T Supreme Court win back in 2011, the practice is now incredibly common as companies rushed to take advantage. And while Google Fiber's behavior certainly isn't uncommon, that doesn't make stripping away user legal rights with fine print any better.

Most recommended from 29 comments


shmerl
join:2013-10-21

6 recommendations

shmerl

Member

In other news

Google supports TPP now...

"Don't be evil" must be an ancient history I suppose.

Anon75022
@2600:8807.x

6 recommendations

Anon75022

Anon

Arbitration Clause

Every company worth its billions used this clause. Thanks, Supreme Court.

somms
join:2003-07-28
Centerville, UT

5 recommendations

somms

Member

I thought Google Fiber could do no wrong!?

...or are they just another incumbent operating over the same type of closed access networks same as the rest?