• matey@lemmy.dbzer0.com
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    1 year ago

    Disney lawyers are using an arbitration clause in their Disney account agreement to try to dismiss a lawsuit over a death caused by allergies at Raglan Road. You should be able to find the articles from there.

    It’s a bit simplistic to say that it’s specifically a Disney+ issues.

    • Telorand@reddthat.com
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      1 year ago

      To summarize differently, their argument goes that if you signed up for a trial of Disney+ (or some other such service), you agreed to an arbitration clause as part of the terms of service.

      They are arguing that the arbitration clause therefore applies to everything Disney-related, even if it’s a service unrelated to Disney+.

      I doubt this will stand a court’s scrutiny and will likely get tossed as unenforceable for being an unconscionable contract. Still, Disney sucks for even attempting such a maneuver, and it equally sucks that the US legal system is in such a state that they think this is a possible avenue for success.

      • UlyssesT [he/him]@hexbear.net
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        1 year ago

        I doubt this will stand a court’s scrutiny

        Unless it reaches the Supreme Court and in yet another 6-3 decision the corpos get to loot and pillage more with even less accountability.

        • Ohmmy@lemmy.dbzer0.com
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          1 year ago

          It’s being taken to court in Florida so I’m not sure it’ll even have to make it that far. Can’t wait for the corporations with captive user bases to start rolling these arbitration clauses in as a paid service for other corporations.

          Sorry, you can’t sue ExonMobile for wrongful death, they have an arbitration clause in Comcast’s end user agreement for your internet service that they leased. If you wanted to sue ExonMobile you should have not had internet, dummy.

      • yo_scottie_oh@lemmy.ml
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        1 year ago

        I wonder how much of it is Disney thinks this might actually work versus the ole delay, delay, delay tactic. Probably a little bit of both.

      • deranger@sh.itjust.works
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        1 year ago

        It’s broader than just a Disney+ trial account.

        https://www.bbc.com/news/articles/c8jl0ekjr0go

        Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

      • mbirth 🇬🇧@lemmy.ml
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        1 year ago

        The even bigger irony is that he only sued for $50k. That’s peanuts for big D. Their lawyers probably got more for digging up that arbitration clause.