Comment on Thomas 🔭✨ (@thomasfuchs@hachyderm.io) 23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome

MonsiuerPatEBrown@reddthat.com ⁨11⁩ ⁨months⁩ ago

• Tier1BuildABear@lemmy.world ⁨11⁩ ⁨months⁩ ago

  This just blows my fucking mind. Same thing happened with Crunchyroll, apparently I could have been part of a class action lawsuit when it was found out that they were selling users data. But I didn’t hear about it, didn’t get any letters and didn’t see the email. The date came and went. Because I didn’t “take action” in time I apparently forfeit my right to my piece of the settlement AND to sue.

  HOW THE FUCK IS THAT LEGAL. How can you make the least amount of effort to notify someone after illegally fucking up their life, then when they don’t respond (because they didn’t see the notification or whatever), say, “well legally that means they’re ok with it, and can’t do anything in the future”

  What the fuck

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  • cyberic@discuss.tchncs.de ⁨11⁩ ⁨months⁩ ago

    It depends, it may not be. TOS are not as ironclad as they appear.

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  • essteeyou@lemmy.world ⁨11⁩ ⁨months⁩ ago

    The class actions I’ve been part of have said that if I want to retain the right to sue then I have to opt out of the class action. I don’t think it’s possible to be force-opted in, and in that case you should retain the ability to sue.

    I’ve only been in 3 or 4 though, so I don’t know if that’s representative of all class actions.

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  • Buttons@programming.dev ⁨11⁩ ⁨months⁩ ago

    Send their legal team an email telling them you’re going to update the terms unless you hear from them.

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  • Eezyville@sh.itjust.works ⁨11⁩ ⁨months⁩ ago

    Damn I forgot about that Crunchyroll class action. Thanks for reminding me. I got those emails too but I have until the 12th. It’s only $30 but that’s like two Five Guys meals so…

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  • SirEDCaLot@lemmy.today ⁨11⁩ ⁨months⁩ ago

    Technically a contract can have anything in it that both parties agree to, unless some are all of those provisions are actively illegal. I would agree that assumed agreement should be illegal. You could probably fight this in court, make the argument that this is a material change to the contract what you did not agree to and would not have agreed to had you been aware of it. But that costs money and lawyers and time.

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    • r3df0x@7.62x54r.ru ⁨11⁩ ⁨months⁩ ago

      This feels like the weirdo that Muta covered who was sending out legal notices telling people that if they didn’t take action, he would consider them to be entered into contracts that he wrote.

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