Companies are Creating Apps and Loyalty Programs to Take Away Your Right to Sue

[dioxide45]

I've read a few stories over the past few months about this and just noticed it today in an email I received about the Texas Roadhouse (restaurant) loyalty program. McDonalds has done this with their app and there was a notable case regarding Disney+.

This is all about losing your right to a jury trial. It seems when you sign up for an app or loyalty program you are agreeing to binding arbitration. You lose your ability to a jury trial and you lose your ability to join a class for a class action lawsuit. You have no ability to opt out except to just not use the app or loyalty programs.

It seems you are giving up a lot more than just your data, personal information and browsing history to save a few dollars on lunch. (or whatever it might be). This is why companies are pushing the use of their app so much and why they all seem to have some kind of loyalty program.

 

[CalGalTraveler]

Thanks for the PSA. Healthcare programs have been forcing participants into binding arbitration for a while now. It seems that you really have no choice because you need healthcare.

McDs and Roadhouse seem extreme.

 

[dioxide45]

Thanks for the PSA. Healthcare programs have been forcing participants into binding arbitration for a while now. It seems that you really have no choice because you need healthcare.

McDs and Roadhouse seem extreme.

It seems to be an issue now with the recent e-coli outbreak with onions on the McDonalds Quarter Pounder. If you became ill and have the app and/or ordered on the app, you likely have to take your case through arbitration.

 

[CalGalTraveler]

Yep. McD's had that coffee burning case a while ago. Perhaps that spurred them to get the lawyers involved.

At least with McD's and most restaurants you can choose not to eat there.

Banks seem to be doing this as well. It seems there is nothing you can buy that doesn't require arbitration. Problem is that arbitration has been shown to be biased toward corps. It seems that consumers are left without choices.

 

[pedro47]

I've read a few stories over the past few months about this and just noticed it today in an email I received about the Texas Roadhouse (restaurant) loyalty program. McDonalds has done this with their app and there was a notable case regarding Disney+.

This is all about losing your right to a jury trial. It seems when you sign up for an app or loyalty program you are agreeing to binding arbitration. You lose your ability to a jury trial and you lose your ability to join a class for a class action lawsuit. You have no ability to opt out except to just not use the app or loyalty programs.

It seems you are giving up a lot more than just your data, personal information and browsing history to save a few dollars on lunch. (or whatever it might be). This is why companies are pushing the use of their app so much and why they all seem to have some kind of loyalty program.

Thanks for sharing this information.

 

[simpsontruckdriver]

Big corporations know that no one reads the T&C, so they insert the arbitration clause and people blindly accept.

TS

 

[Tia]

Another reason to not get an app, I thought they'd just gather your info not what is suggested in post

 

[jp10558]

Personally I'd like the government to make binding arbitration illegal - at least without a wet signature on a distinct contract rather than one of adhesion. Actually, I'd like to see all these contracts of adhesion also made much narrower in scope or illegal. I can dream right?

At the very least it seems to me like we should limit contracts of adhesion to the specific thing you're using it for - maybe there's binding arbitration for stuff with using the app (your order was lost, or gotten wrong, or your card was charged incorrectly, or your info was leaked), but I really feel like you should have to sign something on entry to restaurant or pick up of food for binding arbitration on that part of the relationship. It was especially blatant with Disney claiming a trial for Disney+ contractually bound park entry... With these nakedly prejudicial terms hidden in there I think to have the contracts stand they need to have witnesses that you actually understood it was a full contract, you read and understood the terms (or explicitly opted not to) etc.

 

[Carolinian]

Another reason to not get an app, I thought they'd just gather your info not what is suggested in post

I avoid apps and most loyalty programs. Most loyalty programs send to be moving to using your phone number for the account number, since that allows for consolidation of data after they sell it. If I want to use those programs, I would probably use a Skype number in a different area code with a different name on it.

Privacy is something you have to work at these days in the US. Many European countries have more extensive data privacy laws. One thing I do is use privacy oriented browsers like BraveSearch and DuckDuckGo instead of Google, whose business model is to sell your data. I also carry a deGoogled Android phone that uses the Calyxo operating system and has anthing Google remvoed from the phone.