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Disney wants to dismiss a wrongful death lawsuit because of a Disney Plus agreement
The plaintiff thinks Disney’s argument “borders on the absurd.”
The streaming video service’s terms of use state that “any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.” And the agreement folds in another agreement to Disney’s broader terms of use, including a similar waiver covering “all disputes” involving Disney and its affiliates. While it’s a suitable option in some cases, it’s risky in others, as the National Association of Consumer Advocates says “arbitrators aren’t required to take the law and legal precedent into account,” and you can’t appeal their decision. Unfortunately, mandatory arbitration agreements like the one in Disney’s terms have become increasingly common and even come into play when purchasing physical products.
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