Anyone who has even a cursory familiarity with modern technology is undoubtedly familiar with one-sided terms of service agreements. Everything from bank accounts to phone service now requires consumers to accept that any contract disputes will be handled on the service providers terms, which typically specify arbitration in a venue of the corporations choosing. But the Supreme Court of Washington has now provided consumers in that state with some relief, ruling that the states Consumer Protection Act makes lopsided service agreements void.
That court has now returned a unanimous ruling that reaffirms the decisions of lower courts: AT&Ts service terms contain clauses that are, in legal terms, “unconscionable,” meaning that no reasonable individual would have agreed to them had he or she realized their full scope. The specific issues, however, only apply to Washington State.
My favorite bit in the EULA’s is the phrase where they claim they can change the terms at any time without notification. So even if you read all the fine print, it is worthless.
I have a contention with CREDIT CARDS.
About 1 time per year they CHANGE the rules of the contract..
The contract SHOULD BE the one I signed in the First place, and SHOULD NOT be able to change unless BOTH parties agree on the new terms.
ALSO,
BILLS, that change their fines/fees/charges..
In contract law, it SHOULDNT leave a OPEN door to raise them, ANYTIME someone wants a raise.
#2 ECA – I agree with your CAPS this time.
#2 ECA…
If I am not mistaken, you have the right to cancel your CC card if you don’t agree to the new rules. Of course you have to pay off the balance too.
In plain English: You agree to be f**ked up the a** and if you don’t like it … tough. Corporations in this country are going to push it until they are re-regulated.
#4 Ron – Of course you will pay off the balance under the new contract (interest rate) that you didn’t sign onto.
EULAs should be standardized. How many people actually read these long BS texts?
#4
To recap the ECA caps.
CREDIT CARDS CHANGE SHOULD BE I.
SHOULD NOT BOTH.
ALSO,BILLS SHOULDNT OPEN ANYTIME.
caps lock ROCKS.
“We’re the WA State Court…and you’re not.”
My first thoughts are that with any luck, Microsoft and any ISP considering imposing caps without the consent of their customers will now think twice before getting sued, or offering rebates or discounts.
But wouldnt this be nice on BOTH sides of the legal fence??
Esp, when buying a house??
Send a new contract to them, and EVEN if they DONT accept it, they HAVE TO LIVE by it, UNTIL it expires.
THEY do it to US, why not do it BACK??
THEY WONT LET US.
Would be really nice to do it to a CC company.. DROP your Interest rate to 0-1% insted of 18-36%..
But we have NO legal rights AFTER signing our names.
I don’t get it.
Nobody is FORCING you to sign a contract when you get a cell phone. Cheap ass American consumers, in their infinite drive to get as much as possible for nothing, demand free/cheap/discounted phones for no obligation.
Either accept the restrictions of the 2 year contract or tell the cell phone company to piss on their contract and pay full price for the phones you tools.
It’s not like this food or water you’re paying for, it’s a fucking cell phone, hardly a necessity.
Brian,
I spread the conversation to ALL contracts.
But, on the CELLPHONE line…
I understand that USA is full of idiots.
That $25 phone with a 2 year contract…that PHONE COST the corp $25, so you ARNT getting anything.
Try buying it for less? NOT IN THE USA.
I wont get into,
Contracts you CANT cancel in 30 days, AFTEr you test it to see if it WORKS in areas YOU WORK/LIVE/PLAY.
The BUY OUT Fees, if you need to change services BECAUSE YOU MOVED.
Those MAPS that show MOSt of the USA is covered, but if you could ZOOM IN, you find your HOUSE is not covered.
NO ROAMING charges?? WHAT does this mean? that you WONT be charged for being OUT of your area, OR you WONT be able to access an ANTENNA that is NOT part of the service??
NATION wide coverage?? Hahahaha…NO SUCH THING.
You WANT a $30 service, that wont CHARGE you if you go OVER the limit?? GET a “PAY AS YOU GO” PHONE forget the SERVICES, they WANt you to go OVEr your limit, and CHARGE you 3-4 TIMES the call fees..
EULA and BASIC contracts are so long… I have read BOOKS shorter.
I think the MS EULA is 16 pages?? And you should be a LAWYER to read parts of it..
Several other courts have been finding that EULAs are too one sided. Federal Courts have recently ruled that binding arbitration is unenforceable in most cases as there are no safety factors built in for the consumer while there is for the companies.
#14,
VERY…
If you read some of them, You are Liable EVEN if you win, for ALL fines and fees..
WHICH is stupid.
I would LOVe to take a few of these up to a Judge..
Hmmm… In Russia all is much worse with it…:)