Discord wants to void your right to sue them in court, but you can opt out of this practice
Discord is new on April 15 Terms of Service The changes have come into effect and there is one important addition: an arbitration clause. What does it mean for users? It’s a major change that’s easily lost in the fine print for everyone on Discord – and those in the know have the chance to opt out of the new agreement before May 15.
In principle, arbitration is a way to settle legal disputes outside the legal system. In terms of this new clause, this means that if you have a dispute that you want to settle with Discord, you won’t be able to sue them or join a class action lawsuit from other affected users. (Note: This only applies if you are a US resident.)
Based on what’s in the Terms of Service now, any disputes between a user and Discord will be handled privately, in meetings with the company. If these meetings are unsuccessful, the dispute will be submitted to arbitration. This process is private, meaning the public cannot review the evidence or results, it is expensive, and there is no guaranteed right to an appeal process. Whatever the arbitrator decides, it’s the end. The process almost objectively favors corporations, which have a lot of power and resources, over individuals.
McDonald’s also did this last fall with his TOS, and it was…really shady. Basically, if you wanted to use the McDonald’s app (for example, to get free fries on Fridays), you had to sign up and agree to an arbitration clause. McDonald’s already had one history of distorting public opinion around customer lawsuits. Think of the woman who sued McDonald’s because her coffee was too hot? She was left with third-degree burns because McDonald’s served her coffee that was 180 degrees Fahrenheit. While the victim won the lawsuit, McDonald’s PR machine turned that story into a punchline about Americans eager to sue. (Watch the documentary Hot coffee capturing this story – it’s amazing, unlike how it all played out in real life.)
You won’t get third degree burns from Discord. But just in case, legal action will be taken something happens is important. It doesn’t matter if you’re thinking, “well, I’ll probably never sue Discord, so who cares.” But right now there is a group of parents who are to sue Discord, which claims predators are exploiting their children on the platform. As legal scholars have noticed for decadesthe arbitration clause is a barrier to much of what we don’t see coming.
So, how can you unsubscribe? This is also stated in the fine print: Users can write an email to arbitration-opt-out@discord.com within “30 days of April 15, 2024 or when you first register your Discord account, whichever is later is.” The NCLC has one template which you can download, and it is not complicated.
Basically, just say you want to unsubscribe, include the date, and most importantly, keep a copy for your records. A company won’t do that for you.