(15 Aug 2024)
RESTRICTION SUMMARY:
++SOUNDBITES SEPARATED BY BLACK FRAMES++
ASSOCIATED PRESS
Walpole, Massachusetts – 13 November 2019
1. A Disney logo forms part of a Disney Plus menu on a computer screen
ASSOCIATED PRESS
Washington D.C. – 15 August 2024
2. SOUNDBITE (English) John Davisson, Electronic Privacy Information Center, Director of Litigation:
“This is a pretty shocking argument from Disney. And one that I hope the court will reject.”
DISNEY +
Internet – 16 August 2024
3. Screen record of Disney + Terms of Service Agreement
ASSOCIATED PRESS
Washington D.C. – 15 August 2024
4. SOUNDBITE (English) John Davisson, Electronic Privacy Information Center, Director of Litigation:
“These contracts that we sign with businesses, for any number of reasons, to use, you know, online platform to enter a theme park, to stream video content, are often called contracts of adhesion, and they are contracts where the company has tremendous bargaining power and usually a large team of lawyers that has looked carefully at the contract and thought through all of its terms in rich detail. And the consumer is presented with this contract, and really doesn’t have an opportunity to negotiate the terms. It’s yes or no. So if you want to use Disney Plus or you want to use one of the major streaming services, for example, to access content that you’re interested in, you really don’t have a choice. You have to sign and agree to this contract. And that’s problematic enough because consumers really don’t have much bargaining power in these situations. This case sort of takes it another horrifying step further, which is now that contract that you signed or agreed to in the context of a streaming service is suddenly being pulled out by the company and applied to a dispute about your death at one of their restaurants, which is something way beyond the contemplation even of the most sophisticated consumer when they’re signing up for a streaming service. So what’s at stake is really, any semblance of fairness to the consumer, who is constantly asked to agree to these types of contracts.”
DISNEY +
Internet 16 August 2024
5. Scroll through screenshot of Disney + Terms of Service Agreement
ASSOCIATED PRESS
Washington D.C. – 15 August 2024
6. SOUNDBITE (English) John Davisson, Electronic Privacy Information Center , Director of Litigation:
“It’s hard to give actionable advice to consumers because the deck is stacked against them in scenarios like this. And in this case in particular, the way this agreement is being used against the consumer is so unexpected, so beyond what any consumer would normally be thinking about when they’re signing up again for a video streaming service. The best advice I can give, I think, is to support lawmakers and regulators that are attentive to these issues and that are taking systematic regulatory approaches to fixing these problems and preventing unfair and deceptive practices by businesses that harm consumers.”
DISNEY +
Internet 16 August 2024
7. Screen shot shows Disney + Binding Arbitration and Class Action Waiver
ASSOCIATED PRESS
Washington D.C. – 15 August 2024
8. SOUNDBITE (English) John Davisson, Electronic Privacy Information Center, Director of Litigation:
DISNEY +
Internet – 16 August 2024
9. Screen record of Disney +
STORYLINE:
Disney is asking a Florida court to dismiss a lawsuit brought by the husband of a New York doctor who suffered a fatal allergic reaction after eating at a restaurant in Disney Springs.
Davisson said this case takes these contracts “one horrifying step further.”
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