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Disney wrongful-death lawsuit
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===Unconscionability=== The response detailed both procedural and substantive unconscionability in Disney's EULA: *'''Procedural unconscionability:''' **"There was no showing that Mr. Piccolo was given any explanation of the arbitration clauses in The Disney+ Subscriber Agreement." **"The so-called binding arbitration provision was merely contained in a link. With respect to the Disney Terms of Use, the link was not even referenced or hyperlinked on the Disney+ registration page. It was buried within another document that was hyperlinked."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 27-28</ref> *'''Substantive unconscionability:''' **The arbitration provisions "could present a problem for more than just their own client" **"In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+"<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 30</ref> "The Florida Supreme Court has acknowledged there is some overlap in the analysis of whether a valid written agreement to arbitrate exists and whether an arbitrable issue exists, noting: 'It is something of a chicken and egg situation as to which comes first.' This highlights the fundamental problem with modern EULAs - consumers cannot meaningfully assess what rights they're giving up when agreeing to terms that may be interpreted to cover any future dispute with any related corporate entity."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 19</ref>
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