Forced arbitration with Smartwool socks: Difference between revisions
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[[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 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== | ==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. | 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- | 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== | ==Post-purchase EULA modification== | ||
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==See also== | ==See also== | ||
* [[Click-to-cancel]] | *[[Click-to-cancel]] | ||
* [[Post-purchase EULA modification]] | *[[Post-purchase EULA modification]] | ||
* [[Disney wrongful-death lawsuit]] | *[[Disney wrongful-death lawsuit]] | ||
==References== | ==References== | ||
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[[Category:Legal Lockout]] | [[Category:Legal Lockout]] | ||
[[Category:Incidents]] | [[Category:Incidents]] | ||
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[[Category:Forced Arbitration]] | |||