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Comment by QAPereo | Hacker News Reader

Binding arbitration is societal and legal poison, and must be killed. I strongly encourage everyone in the mean time, to opt out ASAP!

Edit: At least you’ll be in court, or part of class action, rather than stuck in their arbitration system!

For example they can use it to argue that sending an opt-out mails indicates that you have read the clause. It also indicates that you have read the TOS in general. It also indicates that you agreed to the rest of the TOS. Etc etc.

Edit 2: It doesn’t, it implies that you read this thread, or their announcement.

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I would expect that if you send the opt-out mail that will weaken your standing in court. Everything you give the other side makes the other side stronger and gives them more vectors to argue and attack.

> For example they can use it to argue that sending an opt-out mails indicates that you have read the clause. It also indicates that you have read the TOS in general. It also indicates that you agreed to the rest of the TOS. Etc etc.

You could point to this thread, and say "I read a NY Times article a few years ago that said arbitration was shitty Then I saw people saying 'email this address to opt out,' so I did." That statement could also be entirely accurate.

Quite simply, if you fail to opt out, you will have almost no chance at all of successfully fighting the arbitration agreement. Period. The Supreme Court precedent leaves little room for dispute on this point. So yes, everyone should follow the instructions and opt out.

Nothing in court is simple. It's always humans arguing with humans. Also, the examples you gave in other parts of this thread were from very different types of contract then this one.

Maybe someone could start a service that automatically opts them out from arbitration clauses. Extra nice if it will send snail mail for the TOSes that require snail mail opt out.

But how much would you or others pay for such a service, on a monthly basis?

If a lot of places required snail mail, you could charge to send that. Offer to do digital opt out free as a sort of trial. If there aren't many snail mail opt outs, then I don't see a way to make money from it unless you have it as a loss leader for a legal services automation company.

It seems more like part of a more comprehensive bundle of services to me, not something you’d offer solo. Maybe bundle it with a service that takes EULAs and generates billet point lists of their main points?

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