Thread

1. enahs-sf · 1790000581 · focus · HN ↗

   So Uber ToS requires you to accept arbitration, then, when they are found responsible for damages, they still don’t want to pay. Seems pretty shitty for the consumer.

   1. itopaloglu83 · 1790001322 · focus · HN ↗

      Forced arbitration is creating a parallel legal system where certain companies are excluded from the consequences of their own actions. One might even say they’re becoming a protected class even.

      1. mchusma · 1790001660 · focus · HN ↗

         I have been on both sides of arbitration, winning and losing. It’s much better. Basically legislation done right (for civil matters).

         The only people who really win from traditional legislation are lawyers (and plaintiffs counsel who use the long expensive process to blackmail people - which is 90% of civil cases)

         1. bearjaws · 1790003935 · focus · HN ↗

            This is simply untrue, and honestly anyone who thinks our legal system does not provide justice needs to go travel the world to see how it really works for 80% of the global population.

            All we really need in the US is for arbitration to be optional, you can start with arbitration but if you believe on good merits you have a case and fail arbitration you should have the right to your day in court.

            Throwing out our whole legal system because sometimes the lawyers make the most money is reductionist at best.

            1. eru · 1790006773 · focus · HN ↗

               > This is simply untrue, and honestly anyone who thinks our legal system does not provide justice needs to go travel the world to see how it really works for 80% of the global population.

               That's weird. Two things can be true at once: arbitrary is better than the American legal system, and the American legal system is better than what 80% of the global population live under.

               > All we really need in the US is for arbitration to be optional, [...]

               It is! You explicitly have to opt in, that's why Uber needs have it in their ToS that you accept. They can't just force it on you, when you have no contractual relationship with them.

               1. bearjaws · 1790009479 · focus · HN ↗

                  > It is! You explicitly have to opt in, that's why Uber needs have it in their ToS that you accept.

                  "opt in" - as part of a 300 page TOS that you never read, that is modified 4 times annually and you are told to read all 300 pages again.

                  1. eru · 1790043386 · focus · HN ↗

                     If it's too long for you to read, yet alone understand, don't agree to it.

                     Just like when a Pull Request is way too long, the rational response is to close it and ask the author to make it more readable.

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