Smartwool adds forced arbitration to EULA - Revision history

Sojourna at 21:54, 9 March 2026

2026-03-09T21:54:31Z

Trinity: Added archived reference links

2026-02-09T17:10:11Z

Added archived reference links

← Older revision		Revision as of 17:10, 9 February 2026
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	==Post-purchase EULA Modification==		==Post-purchase EULA Modification==
	On March 29, 2024 Smartwool emailed a list of their account holders stating that they were opting them into [[Forced arbitration\|forced arbitration]]<ref>		On March 29, 2024 Smartwool emailed a list of their account holders stating that they were opting them into [[Forced arbitration\|forced arbitration]]<ref>
	{{cite web		{{cite web \|last=Rossmann \|first=Louis \|date=2 April 2024 \|title=Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained \|url=https://www.youtube.com/watch?v=670rwHz1WV8 \|url-status=live \|archive-url=https://preservetube.com/watch?v=670rwHz1WV8 \|archive-date=9 Feb 2026 \|access-date=19 Feb 2025 \|website=Youtube}}</ref>, and to opt out, they were required to send a letter "via USPS Priority Mail". Customers could not simply reply to the email to opt out.<ref>
	\|first=Louis
	~~\|last=Rossmann~~
	\|date=2 April 2024
	\|title=Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained
	\|url=https://www.youtube.com/watch?v=670rwHz1WV8
	\|~~website~~=~~Youtube~~
	\|url-~~status~~=~~live~~
	\|access-date=19 Feb 2025
	}}</ref>, and to opt out, they were required to send a letter "via USPS Priority Mail". Customers could not simply reply to the email to opt out.<ref>
	{{cite web		{{cite web
	\|author=<!--not cited-->		\|author=<!--not cited-->
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	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref> Priority Mail costs more than First Class mail<ref>		}}</ref> Priority Mail costs more than First Class mail<ref>
	{{cite web		{{cite web \|author=<!-- not cited--> \|title=Mail & Shipping Services \|url=https://www.usps.com/ship/mail-shipping-services.htm \|url-status=live \|archive-url=https://web.archive.org/web/20250320224509/https://www.usps.com/ship/mail-shipping-services.htm \|archive-date=20 Mar 2025 \|access-date=19 Feb 2025 \|website=USPS.com}}</ref> that someone would commonly use to send such a letter.{{CitationNeeded}} <!-- This section was (re)written by a non-US person that has never used USPS. May be lacking so adding CitationNeeded to be safe -->
	\|author=<!-- not cited-->
	\|title=Mail & Shipping Services
	\|url=https://www.usps.com/ship/mail-shipping-services.htm
	\|~~website~~=~~USPS~~.com
	\|~~url~~-~~status~~=~~live~~
	\|access-date=19 Feb 2025
	}}</ref> that someone would commonly use to send such a letter.{{CitationNeeded}} <!-- This section was (re)written by a non-US person that has never used USPS. May be lacking so adding CitationNeeded to be safe -->
	===Differences Between Pre-purchase and Post-purchase EULA===		===Differences Between Pre-purchase and Post-purchase EULA===
	The original EULA before the wave of emails<ref>		The original EULA before the wave of emails<ref>

Bythmusters: Added cargo template

2026-01-14T00:00:04Z

Added cargo template

← Older revision		Revision as of 00:00, 14 January 2026
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			{{IncidentCargo
			\|Company=Smartwool
			\|StartDate=2024-03-29
			\|EndDate=
			\|Status=Active
			\|ProductLine=
			\|Product=
			\|ArticleType=Product
			\|Type=EULA, Terms of Service
			\|Description=Smartwool is retroactively opting their customers into an EULA in order to add forced arbitration clauses to their clothing.
			}}
	[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]		[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]
	On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.		On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.

Keith: /* Differences Between Pre-purchase and Post-purchase EULA */ a word

2025-11-20T16:00:53Z

Differences Between Pre-purchase and Post-purchase EULA: a word

← Older revision		Revision as of 16:00, 20 November 2025
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	\|archive-date=1 Dec 2023		\|archive-date=1 Dec 2023
	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref> available on Smartwool's website ~~stated~~:		}}</ref> available on Smartwool's website contained:
	#An emphasis on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration.		#An emphasis on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration.
	#No specification on who determines arbitrability.		#No specification on who determines arbitrability.
Line 55:		Line 55:
	#A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be a likely cause of a class-action lawsuit.		#A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be a likely cause of a class-action lawsuit.

	The new EULA terms lock down on the existing terms, and ~~state~~:		The new EULA terms lock down on the existing terms, and contains:

	#An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png\|thumb\|400px\|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote>		#An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png\|thumb\|400px\|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote>

Keith: Removed the tone warning, article now reads better I think!

2025-11-20T16:00:19Z

Removed the tone warning, article now reads better I think!

← Older revision		Revision as of 16:00, 20 November 2025
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	~~{{ToneWarning}}~~
	[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]		[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]
	On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.		On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.

	==Background==		==Background==
	Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of[[Post-purchase EULA modification\| post-purchase EULA (End User License Agreement) modification]] <!-- "(colloquially referred to as "EULA roofieing")" - emphasis colloquially - probably means this isn't Wiki-suitable --> that includes a revised [[Forced arbitration\|forced arbitration clause]]. Usually associated with software license agreements, an example of why a clothing company ~~would~~ want to do this is is to avoid paying damages through court ~~when~~ their clothing is defective or ~~containing dyes toxic to human skin~~.		Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of[[Post-purchase EULA modification\| post-purchase EULA (End User License Agreement) modification]] <!-- "(colloquially referred to as "EULA roofieing")" - emphasis colloquially - probably means this isn't Wiki-suitable --> that includes a revised [[Forced arbitration\|forced arbitration clause]]. Usually associated with software license agreements, an example of why a clothing company may want to do this is is to avoid paying damages through court if their clothing was defective or harmful.

	In the updated terms, opting out of forced arbitration has been made more involved than before.		In the updated terms, opting out of forced arbitration has been made more involved than before.

Raster: minor tone change. is it good enough yet?

2025-11-20T15:13:22Z

minor tone change. is it good enough yet?

← Older revision		Revision as of 15:13, 20 November 2025
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	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref> available on Smartwool's website stated:		}}</ref> available on Smartwool's website stated:
	#~~A higher priority~~ on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration.		#An emphasis on contacting Customer Service first, but does not explicitly make it a prerequisite before arbitration.
	#No specification on who determines arbitrability.		#No specification on who determines arbitrability.
	#AAA rules apply and outlines fee reimbursement if the claim is under $10,000.		#AAA rules apply and outlines fee reimbursement if the claim is under $10,000.
	#A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be ~~the most~~ likely cause of a class-action lawsuit.		#A specific line reading: "Any dispute or claim relating in any way to the Website and our services, any representations made by us, and/or your use of our websites [...] will be resolved by binding arbitration, rather than in court..." This line does not specify products sold by the company, which would be a likely cause of a class-action lawsuit.

	The new EULA terms lock down on the existing terms, and state:		The new EULA terms lock down on the existing terms, and state:

Sojourna: /* References */

2025-11-13T04:38:25Z

References

← Older revision		Revision as of 04:38, 13 November 2025
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	==References==		==References==
			{{Reflist}}

	[[Category:Legal Lockout]]		[[Category:Legal Lockout]]
	[[Category:Incidents]]		[[Category:Incidents]]
	~~<references />~~		[[Category:Forced arbitration]]
	[[Category:Forced ~~Arbitration~~]]
	[[Category:Clothing industry]]		[[Category:Clothing industry]]

Raster: Changed tone - a lot of "fat" removed, maybe too much? Also changed "contained" past tense wording to present

2025-10-25T20:10:32Z

Changed tone - a lot of "fat" removed, maybe too much? Also changed "contained" past tense wording to present

← Older revision		Revision as of 20:10, 25 October 2025
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	{{ToneWarning}}		{{ToneWarning}}
	[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]		[[File:Smartwool Email.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]
	On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use ~~contained~~ a forced arbitration clause ~~and were unreasonably difficult~~ to opt-out of.		On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.

	==Background==		==Background==
	Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of[[Post-purchase EULA modification\| post-purchase EULA (End User License Agreement) modification]] (colloquially referred to as "EULA roofieing") that includes a revised [[Forced arbitration\|forced arbitration clause]]. ~~To illustrate the magnitude~~ of ~~risk posed by~~ a clothing~~-related EULA, one can imagine a less responsible~~ company ~~accidentally including toxic dyes or coatings due~~ to ~~supply chain mishaps. In such a case they might~~ avoid paying damages to ~~the harmed consumers~~.		Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of[[Post-purchase EULA modification\| post-purchase EULA (End User License Agreement) modification]] <!-- "(colloquially referred to as "EULA roofieing")" - emphasis colloquially - probably means this isn't Wiki-suitable --> that includes a revised [[Forced arbitration\|forced arbitration clause]]. Usually associated with software license agreements, an example of why a clothing company would want to do this is is to avoid paying damages through court when their clothing is defective or containing dyes toxic to human skin.

	~~This instance of post-purchase EULA modification is an example of~~ the ~~strategic use~~ of ~~asymmetry. The business delivered their opt-in notice in an inexpensive, unexpected, and casual nature. The consumer~~ has ~~to do absolutely nothing to opt-in, and in fact can be opted-in without having read the email at all. Opting out is difficult, tedious, and relatively expensive~~.		In the updated terms, opting out of forced arbitration has been made more involved than before.

	==Post-purchase EULA Modification==		==Post-purchase EULA Modification==
Line 19:		Line 19:
	\|url-status=live		\|url-status=live
	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref>, and to opt out, they were required to send a letter ~~through~~ USPS Priority Mail. ~~So, in addition to being a post-purchase action, the customers were opted in via email and~~ could not simply reply to the email to opt out.<ref>		}}</ref>, and to opt out, they were required to send a letter "via USPS Priority Mail". Customers could not simply reply to the email to opt out.<ref>
	{{cite web		{{cite web
	\|author=<!--not cited-->		\|author=<!--not cited-->
Line 30:		Line 30:
	\|archive-date=4 April 2024		\|archive-date=4 April 2024
	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref>		}}</ref> Priority Mail costs more than First Class mail<ref>

	~~This requirement is in itself~~ more ~~involved~~ than ~~the process of opting in. Additionally, USPS Priority is not the~~ First Class mail ~~that people typically use for mailing letters. This (seemingly minor) difference in mail type is the difference between a $0.56 postcard and a $10.10 Flat Rate Envelope at the time of writing~~<ref>
	{{cite web		{{cite web
	\|author=<!-- not cited-->		\|author=<!-- not cited-->
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	\|url-status=live		\|url-status=live
	\|access-date=19 Feb 2025		\|access-date=19 Feb 2025
	}}</ref>~~, which preys on an individual's reasoning~~ that ~~the effort involved in attempting~~ to ~~opt~~-~~out is not worth the time or money~~.		}}</ref> that someone would commonly use to send such a letter.{{CitationNeeded}} <!-- This section was (re)written by a non-US person that has never used USPS. May be lacking so adding CitationNeeded to be safe -->

	===Differences Between Pre-purchase and Post-purchase EULA===		===Differences Between Pre-purchase and Post-purchase EULA===
	~~According to the~~ EULA ~~available~~ before the ~~opt-in~~ wave of emails~~, the original EULA~~<ref>		The original EULA before the wave of emails<ref>
	{{cite web		{{cite web
	\|author=<!--not cited-->		\|author=<!--not cited-->

Beanie Bo at 22:18, 2 October 2025

2025-10-02T22:18:21Z

← Older revision		Revision as of 22:18, 2 October 2025
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	==References==		==References==

	~~[[Category:EULA roofieing]]~~
	[[Category:Legal Lockout]]		[[Category:Legal Lockout]]
	[[Category:Incidents]]		[[Category:Incidents]]

Beanie Bo: Beanie Bo moved page Forced arbitration with Smartwool socks to Smartwool adds forced arbitration to EULA: Misspelled title: Not in sentence case

2025-10-02T22:17:02Z

Beanie Bo moved page Forced arbitration with Smartwool socks to Smartwool adds forced arbitration to EULA: Misspelled title: Not in sentence case

← Older revision		Revision as of 22:17, 2 October 2025
(No difference)

← Older revision		Revision as of 21:54, 9 March 2026
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	\|ArticleType=Product		\|ArticleType=Product
	\|Type=EULA, Terms of Service		\|Type=EULA, Terms of Service
	\|Description=Smartwool is retroactively opting their customers into an EULA in order to add forced arbitration clauses to their clothing.		\|Description=Smartwool is retroactively opting their customers into a EULA in order to add forced arbitration clauses to their clothing.
	}}		}}
	[[File:Smartwool ~~Email~~.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]		[[File:Smartwool forced arbitration e-mail.png\|thumb\|Smartwool email advising consumers of changes to arbitration agreement and process for sending USPS Priority Mail or hand delivery within 30 days.]]
	On March ~~29,~~ 2024, '''[[Smartwool]]''' ~~emailed~~ customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a forced arbitration clause that requires significant effort to opt-out of.		On 29 March 2024, '''[[Smartwool]]''' e-mailed customers in their database, automatically opting them in to their new terms of use. These new terms of use contain a [[forced arbitration]] clause that requires significant effort to opt out of.

	==Background==		==Background==
	Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of[[Post-purchase EULA modification\| post-purchase EULA (End User License Agreement) modification]] <!-- "(colloquially referred to as "EULA roofieing")" - emphasis colloquially - probably means this isn't Wiki-suitable --> that includes a revised [[Forced arbitration\|forced arbitration clause]]. Usually associated with software license agreements, an example of why a clothing company may want to do this is is to avoid paying damages through court if their clothing was defective or harmful.		Smartwool is an American clothing company specializing in the sale of wool clothing. The incident described in this article is a example of [[Post-purchase EULA modification\|post-purchase EULA (End User License Agreement) modification]] <!-- "(colloquially referred to as "EULA roofieing")" - emphasis colloquially - probably means this isn't Wiki-suitable --> that includes a revised [[Forced arbitration\|forced arbitration clause]]. Usually associated with software license agreements, an example of why a clothing company may want to do this is is to avoid paying damages through court if their clothing was defective or harmful.

	In the updated terms, opting out of forced arbitration has been made more involved than before.		In the updated terms, opting out of forced arbitration has been made more involved than before.

	==Post-purchase EULA Modification==		==Post-purchase EULA Modification==
	On March 29, ~~2024~~ Smartwool ~~emailed~~ a list of their account holders stating that they were opting them into [[Forced arbitration\|forced arbitration]]<ref>		On 29 March 2024, Smartwool e-mailed a list of their account holders stating that they were opting them into [[Forced arbitration\|forced arbitration]]<ref>
	{{cite web \|last=Rossmann \|first=Louis \|date=2 April 2024 \|title=Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained \|url=https://www.youtube.com/watch?v=670rwHz1WV8 \|url-status=live \|archive-url=https://preservetube.com/watch?v=670rwHz1WV8 \|archive-date=9 Feb 2026 \|access-date=19 Feb 2025 \|website=Youtube}}</ref>, and to opt out, they were required to send a letter "via USPS Priority Mail". Customers could not simply reply to the email to opt out.<ref>		{{cite web \|last=Rossmann \|first=Louis \|date=2 April 2024 \|title=Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained \|url=https://www.youtube.com/watch?v=670rwHz1WV8 \|url-status=live \|archive-url=https://preservetube.com/watch?v=670rwHz1WV8 \|archive-date=9 Feb 2026 \|access-date=19 Feb 2025 \|website=Youtube}}</ref>, and to opt out, they were required to send a letter "via USPS Priority Mail". Customers could not simply reply to the email to opt out.<ref>
	{{cite web		{{cite web
Line 33:		Line 33:
	}}</ref> Priority Mail costs more than First Class mail<ref>		}}</ref> Priority Mail costs more than First Class mail<ref>
	{{cite web \|author=<!-- not cited--> \|title=Mail & Shipping Services \|url=https://www.usps.com/ship/mail-shipping-services.htm \|url-status=live \|archive-url=https://web.archive.org/web/20250320224509/https://www.usps.com/ship/mail-shipping-services.htm \|archive-date=20 Mar 2025 \|access-date=19 Feb 2025 \|website=USPS.com}}</ref> that someone would commonly use to send such a letter.{{CitationNeeded}} <!-- This section was (re)written by a non-US person that has never used USPS. May be lacking so adding CitationNeeded to be safe -->		{{cite web \|author=<!-- not cited--> \|title=Mail & Shipping Services \|url=https://www.usps.com/ship/mail-shipping-services.htm \|url-status=live \|archive-url=https://web.archive.org/web/20250320224509/https://www.usps.com/ship/mail-shipping-services.htm \|archive-date=20 Mar 2025 \|access-date=19 Feb 2025 \|website=USPS.com}}</ref> that someone would commonly use to send such a letter.{{CitationNeeded}} <!-- This section was (re)written by a non-US person that has never used USPS. May be lacking so adding CitationNeeded to be safe -->

	===Differences Between Pre-purchase and Post-purchase EULA===		===Differences Between Pre-purchase and Post-purchase EULA===
	The original EULA before the wave of emails<ref>		The original EULA before the wave of emails<ref>
Line 52:		Line 53:
	The new EULA terms lock down on the existing terms, and contains:		The new EULA terms lock down on the existing terms, and contains:

	#An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:~~Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained"~~.png\|thumb\|400px\|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote>		#An informal dispute resolution process where the complaining party must send a written notice describing the dispute and allow 30 days for resolution before arbitration can begin.[[File:Smartwool EULA arbitration opt-out.png\|thumb\|400px\|Text from the EULA as it appeared.]]<blockquote>Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.</blockquote>
	#The arbitrator has the authority to determine issues of arbitrability, including scope, validity, and enforceability.		#The arbitrator has the authority to determine issues of arbitrability, including scope, validity, and enforceability.
	#AAA Consumer Arbitration Rules and Mass Arbitration Supplementary Rules.		#AAA Consumer Arbitration Rules and Mass Arbitration Supplementary Rules.