Forced arbitration with Smartwool socks: Difference between revisions

(One intermediate revision by one other user not shown)

Line 1:

[[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 to automatically opting them in to their new terms of use that included a forced arbitration clause. applied forced arbitration to their terms of service.

On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database to automatically opting them in to their new terms of use that included a forced arbitration clause. applied forced arbitration to their terms of service.

==Background==

Smartwool is an American clothing company specializing in 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.

This instance of post-~~purchace~~ EULA modification is a very good example of the strategic use of asymmetry. The business delivered their opt-in in a inexpensive, unexpected, and casual nature. The consumer has to do absolutely nothing to opt-in, and they can opt-in without reading it. Opting out is difficult, tedious and relatively expensive.

This instance of post-purchase EULA modification is a very good example of the strategic use of asymmetry. The business delivered their opt-in in a inexpensive, unexpected, and casual nature. The consumer has to do absolutely nothing to opt-in, and they can opt-in without reading it. Opting out is difficult, tedious and relatively expensive.

==Post-purchase EULA modification==

@@ Line 1: / Line 1: @@
 [[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 to automatically opting them in to their new terms of use that included a forced arbitration clause. applied forced arbitration to their terms of service.
+On March 29, 2024, '''[[Smartwool]]''' emailed customers in their database to automatically opting them in to their new terms of use that included a forced arbitration clause. applied forced arbitration to their terms of service.
 ==Background==
 Smartwool is an American clothing company specializing in 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.
-This instance of post-purchace EULA modification is a very good example of the strategic use of asymmetry. The business delivered their opt-in in a inexpensive, unexpected, and casual nature. The consumer has to do absolutely nothing to opt-in, and they can opt-in without reading it. Opting out is difficult, tedious and relatively expensive.
+This instance of post-purchase EULA modification is a very good example of the strategic use of asymmetry. The business delivered their opt-in in a inexpensive, unexpected, and casual nature. The consumer has to do absolutely nothing to opt-in, and they can opt-in without reading it. Opting out is difficult, tedious and relatively expensive.
 ==Post-purchase EULA modification==