If something in a contract is in violation of federal law, then that section of the contract is null and void.
It’s a big reason why my boss is free to have me sign a contract saying that he is allowed to execute me if I don’t clean the floor well enough to his liking, but if he actually tries it he’s not only doing some time, but this contract means that he is absolutely the primary suspect.
Legally binding food. Cool and normal.
So, the play here is to get everyone who agreed to the app to file a binding arbitration suit against McDonalds for wedging a binding arbitration clause into the app.
They have to respond to it and it will cost them a lot of lawyer time and money.
We live in hell
Tim Hortons did the same thing a few months back in Canada with a donut and coffee. They were caught tracking people 24/7 with their app.
Ain’t no way something like that could actually hold up in court. But I guarantee McDonald’s lawyers could fucking use it to delay shit and just hold up people for way longer than people want to invest time into.
Could never hold up in court… If you pay for a decent lawyer
You’d be surprised
I know a 100% free non EULA way
Let me guess. Is it theft and/or the death of capitalism?
like how the fine print is that you also have to buy something to get free fries
App = Shitty web view with telemetry and push notif that brings nothing of value compared to a normal website
Hate to say it but if you go frequently you can save a lot of money with the app deals. Speaking as a former fat ass.
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Hello current fat ass. It’s also worth remembering you add in the cost of the app selling your data. And a trick: if you want to use multiple coupons or redeem points and also use a coupon (can’t do both), make multiple orders for each.
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Nothing they couldn’t offer through a normal website with a login
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As much* data. Browsers still leak a ton of info.
with less phone storage, and no browser extensions
surely not even an American judge would uphold that, right? Surely
Actually this is one of the instances where America law proves that Justice is at least somewhat of a concept, I mean holy shit we’re not Japan. No seriously look at how they do Court over in the Land of the Rising Sun.
Japan has a 99.9% conviction rate, how many of you people knew that the Phoenix Wright series was actually intended as a scathing critique of the legal system of the country it was made in?
If something in a contract is in violation of state or federal law, then that provision of the contract is null and void.
There have been many instances of companies saying that you don’t have any rights because you sign them away in the licensing agreement, only for a judge to turn around and call bullshit. The preceddnt is basically cemented in stone at this point.
Let’s recall that the SCOTUS overturned a major precedent not so long ago. Precedent is not rock solid anymore.
There’s a difference between 1 or 2 cases of precedent and hundreds or thousands of cases.
Holy shit America did something right? I can’t believe it.
A friend of mine once said, that some things are too good to be true, but fortunately there are also some things that are too bad to be true.
I agree with everything here, but I wouldn’t use conviction rate as a good metric. The US has a fairly disgusting conviction rate itself (especially federally) linked in with that whole “plea guilty to 6-60 months (judge’s prerogative) or face 40 years to get a trial, but we don’t call that duress”.
I’ve only once seen a guilty plea where the defendant is asked under oath if they actually agree there’s enough evidence to convict them, and that was a high-profile person getting a slap on the wrist for basically treason.
Out of curiosity, who?
99% sure it was Sydney Powell. If I’m remembering wrong, then it was Jenna Ellis. Coulda been both. In Ms. Ellis’ guilty plea (I skimmed the video of it) she was bombarded with 5 minutes of confirming questions and I don’t have time to listen to all of them. This recently came up on… I think it was Legal Eagle’s analysis of all these guilty pleas, and if you haven’t checked him out and are interested, you might want to (he’s on Youtube)
Why do companies continue to add these clauses then? Just as a deterrent?
Easy, just read the following exchange
“Sir that’s against the law!”
“Just do it! If someone tries to sue let legal worry about it!”
I wanne see them try that in Germany so they get fucked even harder than if they normally had a lawsuit on their ass
their app also checks if your phone is rooted
Ain’t no way that shit is legal, right?
In the United States, multi-national corporations have try really hard to be on the receiving end of consequences.
Like maybe kill more children than the Joker via contaminated food. And then, still, it’ll be a meager fine.
It’s legal to put it in the terms, but it doesn’t mean anything since it isn’t enforceable. It’s to scare people away from filling.
click wrap isn’t binding
Good luck against McDonald’s legal team! This is America. The law is written on $100 bills.
I did employment training for a job with a big company. One of the examples we were given was something like this:
Tom had to hire someone for a job. He chose to hire someone currently under investigation for some sketchy shit. Our company got investigated for it. After 5 years and $10 million in legal fees, our company was cleared of any wrongdoing. Tom was fired.
Imagine anyone unironically swallowing down that pig swill
Actually I used to and can confirm how disgusting and worthless it is. It’s not even worth it for the free fries. You barely get any “meat” on the burgers; they’re mostly bread and iceberg lettuce which is actually bad for you too.
Even the fucking donuts I eat are better than that disgusting trash. 🤦
Oh, and here’s the kicker: the only demographic that eats there consistently is the extreme poor who are unlikely to understand terms of service and contracts, and these deals are designed to exploit them. They, I feel bad for. Anyone who has money and chooses to waste it on that lukewarm basura deserves the suffering they get.
How are they even going to prove a specific person agreed to these terms or even used their app?
Using the app forces you to log in (via email or similar). And that can be backtracked to you if you’re not careful!
The last time I checked, they didn’t even require clicking any confirmation email. Every time I visit a McDonald’s I reinstall their app and just create a new bullshit account with a temporary email which I don’t even need to check. For all they know, you might have created an account with my email and agreed to the terms (just an example). It’s unenforceable on so many levels I’m dumbfounded.
Are you gonna do a perjury and say it wasn’t you that made the account? As much as I tell myself “oops ¯\_(ツ)_/¯ I accidentally clicked a button without reading what it said,” I’m not ready to keep that up with a lawyer going through my account history and showing that I ordered a baconator and a whopper on July 19th 2021, and they happen to have video of me inside the store picking up that exact order that I paid for with my credit card
I just pay for the fries
I just don’t go to McDonald’s.
But not everyone does that. I would as well… if I visited there. Which I don’t. Because I am fucking paranoid. But this is the way to go… unless you use coupons from the app which would prove you using it and thus having accepted that you wont make fat stacks suing them.
My point was that they don’t even verify the email address you provide. It can be anyone’s address.
Well… kay point taken
