New Discord TOS change, legal issues may arrise.

Author Topic: New Discord TOS change, legal issues may arrise.  (Read 2386 times)

As far as I know, this means that Discord is either not liable for information leaks or can't be sued for said issues, intentional or not. Either that or you must have to go to an arbitrator first, which will prevent people from filing a lawsuit together. Could mean big trouble for the company


Quote from Cybervision's Discord:
Quote
@everyone Discord has changed their Terms of Service!

Unfortunately, this change comes with a revocation of your legal rights. Discord has revoked your right to sue (you must go through an arbitrator) and to congregate as a class action lawsuit.

Luckily, there is an opt-out for the clause, in which you must email arbitration-opt-out@discord.com, but you must do it within 30 days or you can no longer opt-out.

YOU CANNOT DELETE OR DEACTIVATE YOUR ACCOUNT TO OPT-OUT OF THE ARBITRATION CLAUSE

You can see the added clauses for yourself here: https://gist.github.com/Rapptz/c93697c9d59ec2f0d8071b7d0e907632

I will attempt to answer some common questions.

Q: Is this enforceable?

In the United States, yes. This was decided by the Supreme Court in 2011. See https://gc.gy/7538114

In Europe, no. There are many clauses, a relevant one is Article 77 of the GDPR ("Right to lodge a complaint with a supervisory authority").

Q: Why does this matter?

Without the ability to congregate for a class action lawsuit, if Discord ever leaks your data or does something catastrophically bad to a large portion of the population you have no way to representatively sue together without each of you individually suing via the arbitrator.

Please see the following article: https://gc.gy/7538130

Essentially:

1. Your right to file a complaint in the court of law is removed.
2. The arbitration system tends to heavily favour the company rather than the consumer.
3. Since your right to pool similar complaints together is taken away, the amount of damage you can do to a company that has wronged you significantly is limited to those who are willing to arbitrate.

Q: Why should I care? Other companies do it too!

By learning about this I hope that you will be more conscious about these arbitration clauses and how anti-consumer they are. You can't change the past, but you surely can't predict the future either.
« Last Edit: October 18, 2018, 01:47:34 PM by Darth C3P0² »

richardsword sugcks 👎👎👎

this new smf is stuff, it kept copying the discord format while it was at it

"Ha ha, just don't agree with ToS what's the issue"

 :nes:

just fyi you can opt out by emailing them like so:



What happens when you opt out, do they ban you?

What happens when you opt out, do they ban you?

idk that's a good question lol, they say they wont but i mean, its not like you can sue them because this is perfectly legal in the US

:/

What happens when you opt out, do they ban you?
nothing. u will still be able to use discord and u don't lose any features or anything

i'll leave this here if u guys want to read more about this https://old.reddit.com/r/discordapp/comments/9p5uyp/latest_tos_update_revokes_your_right_to_sue/
« Last Edit: October 18, 2018, 02:55:46 PM by gr8dayseth »

What information does Discord have that we wouldn't want "leaked" or hasn't already been made public already?
What kind of shady stuff are you guys doing?
« Last Edit: October 18, 2018, 06:05:12 PM by Mr.Noßody »

Okay but why would I sue discord??

It sounds like you cant sue Discord if they "leak" your information which is why Im confused.
What information could they leak unless I was doing something shady? I don't have any personal information connected to my Discord account that isn't already accessible. Im guessing people are alarmed by the right to sue being taken like that, but I don't know.

forget discord real brothers out here using the incel message board

forget discord real brothers out here using the incel message board

Did you get banned again? Whats with that awful name?

Did you get banned again? Whats with that awful name?
whats so awful about my name