this post was submitted on 06 Dec 2023
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I don't see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.
Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you've accepted and even then it would not work in the European Union, because that's listed in the forbidden clauses registry.
I thought the same thing when my Disney+ rate went up a couple months ago and I couldn't find the email warning about it in my inbox or spam folders.
Why do we let these companies get away with everything? If the rates are going up, show me in the app/ui. Make it opt in. Disable my ability to watch anything until I approve the increase in spend. It should be illegal to just change the terms of a contract and say "I sent you an email."
You most likely did not officially consent to the changes and have a prolonged right to terminate the contract without the need of upholding the contract duration.
It’s probably mich cheaper just to deal with the few that complain rather than sending out hundreds of thousands of paper letters or having them confirm the changes electronically and terminating the contracts of those who did not accept.
I guarantee the original contract said the rates are subject to change without notice. Plus, raising the prices will definitely increase CS call volume more than sending out notices.
Sounds illegal. Maybe in countries with weak consumer rights.
Even it being "questionable" is a fucking outrage -- it should be so blatantly, obviously, disallowed that a lawyer should lose their license just for proposing it!
The entire concept is a goddamn farce.
It's not, and TOS are not legally binding either
By viewing this post, you agree to gift 50% of all after tax future earnings to PersnickityPenguin. Additionally, your entire Steam Library of games is hereby under sole ownership of PersnickityPenguin. All games and/or steam account login and password must be provided to PersnickityPenguin.Failure to transfer all financial and virtual property within (30) days is considered a breach of contract. Each incident of a breach of contract will result in a $500,000 penalty per incident. Viewer agrees to these terms of service. Any dispute or breach of contract will result in additional legal fees to be paid by the viewer entering into this contract pursuant to paragraph (A).damn. I lost. Give me your bank details to send you your money.
Ok, check your PM
lmao after seeing your name I can't believe it was you all the time
Hmm, let's see... social security number 000-00-0002 (damn, Roosevelt).
My ISP, phone company, bank, insurance company and everyone else send me TOS related messages from time to time. Usually, the message is something along the lines of: “We’re altering the deal. Pray we don’t alter it any further”
It doesn’t seem fair to me, but since everyone is doing it, there probably isn’t a law against it.
Every time an ISP does that around here they send you a notification via certified mail with a prepaid return envelope and a service cancellation form included - you can decide to not continue using the service without any early cancellations fees etc.
If they fail to do that they get fined by consumer protection agency, are required to return any fees they charged based on the change and they get to start over - send a notification that follows the rules resetting the clock for those who opt to cancel
You'd think that, but you know those "don't remove or warranty is void" stickers on stuff? They're illegal.
Not illegal, just not legally binding.
Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don't see the issue.
https://en.m.wikipedia.org/wiki/Non-repudiation
Legally you have to be able to prove someone received a thing. It's why you get served when you're sued. An agent physically hands you the complaint (or whatever they're called). If the papers were put in the mail the person being sued could say they never received them.
Couldn’t the same be said about the TOS updates though? Would they not need to prove it was delivered?
Exactly. That's why an email saying you are losing your rights unless you opt out is invalid. You cant prove that i ever saw/received that email
That's the whole point. They can force you to agree to updated TOS before they allow you to access their app.
Can't you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
No. You can confirm the server received it. That's different from a user opening it and reading it
You can't prove that person ever saw that email.