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AT&T Arbitration Clause Ruled Unconscionable

Posted by ScuttleMonkey on from the new-contracts-just-ask-to-surrender-all-rights dept.

Tech.Luver writes to tell us the Consumerist is reporting that a small clause in AT&T contracts has been ruled "unconscionable" by the 9th circuit court of appeals. The clause in question stated that if you use AT&T service you surrender your right to class action lawsuits and instead have to participate in mandatory binding arbitration.

10 of 261 comments (clear)

  1. hooray! by Anonymous Coward · · Score: 1, Funny

    this is an important victory for my rights online!!!

    1. Re:hooray! by AchiIIe · · Score: 5, Funny
      Actually, your right online `on second life` had a similar ruling

        Second Life Arbitration Clause Unenforceable
      > http://games.slashdot.org/article.pl?sid=07/06/08/ 2017257

      I see a trend here. On the other hand, if those contracts were permitted then I'd be having my own that read as follows:

      Legal Notice: BY ACCEPTING THIS BRICK THROUGH YOUR WINDOW, YOU ACCEPT IT AS IS AND AGREE TO THE DISCLAIMER OF ALL WARRANTIES, EXPRESSED OR IMPLIED, AS WELL AS DISCLAIMERS OF ALL LIABILITY, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, THAT MAY ARISE FROM THE INSTALLATION OF THIS BRICK INTO YOUR BUILDING.
      --
      Nature journal lied in Britannica vs Wikipedia Ask to retrac
    2. Re:hooray! by GuyverDH · · Score: 2, Funny

      You mean you haven't posted your own SPLA on the side of your computer?

      SPLA = Software Provider License Agreement

      By allowing your software to be installed, read or used in any way, shape or form on this computer, you agree to the following terms:

      Installation of your software does not constitute a transfer of ownership in any part of the machine it is being installed on.

      You are granting an unlimited usage license, which allows for the media to be read, decrypted, archived or any personal use the machine's owner deems necessary.

      This right does not extend to distribution of copies of said media or content to other people.

      Your software is being installed for a specific reason, you are warranting this software for that reason. You will be held accountable legally and financially for any errors or omissions.

      Your software cannot originate contact with any place, computer or person, without written consent of the machine's owner. Your software cannot install any additional software without written consent of the machine's owner. Your software cannot limit any usage, function or communication by the machine's owner.

      Any breech of these terms by your software will result in a minimum fine of at least 100 times the cost of your software, or the 100 times the fiscal cost of the damage caused by your software, if your software had any form of cost, fees, dues, etc.. associated with it.

      --
      Who is general failure, and why is he reading my hard drive?
  2. Re:Article or link? by Constantine+XVI · · Score: 5, Funny

    It's actually Sunday.

    --
    "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
  3. Must be really bad... by professorfalcon · · Score: 1, Funny

    has been ruled "unconscionable" by the 9th circuit court of appeals

    Is that like double unconstitutional?

  4. Re:Article or link? by xouumalperxe · · Score: 5, Funny

    Neither. Slashdot has just passed the denial stage regarding its readers ever reading TFA.

  5. Re:Article or link? by Anonymous Coward · · Score: 5, Funny

    Wait a second. Are you saying that the editors actually did something?

  6. Re:Article or link? by Aladrin · · Score: 4, Funny

    Yes, but they didn't do it right, so all is normal. Don't panic.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  7. A blow against corporate rights. by Jafafa+Hots · · Score: 4, Funny

    Exactly. This is just another step towards letting defenseless multinational corporations be bullied around by individual consumers. Who's next - the members of the RIAA? Someone has to think of the multinationals!

    --
    This space available.
  8. Re:all fine print by grassy_knoll · · Score: 2, Funny

    we should just eliminate the entire legal system and let people work everything out mano y mano.


    So, if you have a dispute with Microsoft, it's chairs at twenty paces?

    [shudder]
    --
    A Human Right