(16 Aug 2024)
RESTRICTION SUMMARY:
ASSOCIATED PRESS
Washington D.C. – 15 August 2024
++PARTLY COVERED++
1. 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 the 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
2. Screen record of Disney+ Terms of Service Agreement
3. Screen record of Disney+
4. Screen shot shows Disney + Binding Arbitration and Class Action Waiver
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. The company argues in legal filings that Jeffrey Piccolo agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial of Disney+ in 2019. But Piccolo’s lawyer, in a legal response this month, argues it’s “absurd” to believe that Disney+ subscribers have waived all rights to sue the company and its affiliates in perpetuity by signing up for the streaming service.
The AP asked John Davisson, Director of Litigation at the Electronic Privacy Information Center, says consumers have a lot at stake in the suit.
“These contracts that we sign with businesses for any number of reasons — to use an 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,” said Davisson. “The consumer is presented with this contract and really doesn’t have an opportunity to negotiate the terms. It’s yes or no.”
Davisson said this case takes these contracts “one horrifying step further.”
“Now the 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,” he said. “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.”
AP video shot by Ted Shaffrey
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