• Bizarroland@kbin.social
    link
    fedilink
    arrow-up
    158
    ·
    1 year ago

    So, the play here is to get everyone who agreed to the app to file a binding arbitration suit against McDonalds for wedging a binding arbitration clause into the app.

    They have to respond to it and it will cost them a lot of lawyer time and money.

  • ArtificialLink@yall.theatl.social
    link
    fedilink
    English
    arrow-up
    143
    ·
    1 year ago

    Ain’t no way something like that could actually hold up in court. But I guarantee McDonald’s lawyers could fucking use it to delay shit and just hold up people for way longer than people want to invest time into.

    • Lionel@endlesstalk.org
      link
      fedilink
      arrow-up
      22
      ·
      1 year ago

      Hate to say it but if you go frequently you can save a lot of money with the app deals. Speaking as a former fat ass.

        • Lionel@endlesstalk.org
          link
          fedilink
          arrow-up
          15
          ·
          1 year ago

          Hello current fat ass. It’s also worth remembering you add in the cost of the app selling your data. And a trick: if you want to use multiple coupons or redeem points and also use a coupon (can’t do both), make multiple orders for each.

          • n0clue@lemmy.world
            link
            fedilink
            arrow-up
            8
            ·
            1 year ago

            Yeah, I can’t get two hash brown rewards in the same order but if I want to split it up and waste an extra bag and napkins I can. Doesn’t matter to me Ronald.

            • Rodeo@lemmy.ca
              link
              fedilink
              arrow-up
              4
              ·
              1 year ago

              And then people blame you for not recycling your extra napkin instead of blaming the corporation that made it like that in the first place.

  • Queen HawlSera@lemm.ee
    link
    fedilink
    English
    arrow-up
    77
    ·
    1 year ago

    If something in a contract is in violation of federal law, then that section of the contract is null and void.

    It’s a big reason why my boss is free to have me sign a contract saying that he is allowed to execute me if I don’t clean the floor well enough to his liking, but if he actually tries it he’s not only doing some time, but this contract means that he is absolutely the primary suspect.

      • Queen HawlSera@lemm.ee
        link
        fedilink
        English
        arrow-up
        7
        ·
        1 year ago

        I don’t think I was more disgusted by Donald trump, then when he apologized to Brett Kavanaugh for the allegations, and stated, falsely, that an investigation was done and his name was cleared. When no such thing happened.

        Again it’s amazing, the world would be such a wonderful place if the same standards the poor were required to live up to we’re all so the standards that the rich were required to live up to.

        If during a job interview, I cried and started ranting incoherently about how much I love beer, they would likely have me escorted out by security and be left wondering if they should call the cops.

    • Queen HawlSera@lemm.ee
      link
      fedilink
      English
      arrow-up
      15
      ·
      1 year ago

      Actually this is one of the instances where America law proves that Justice is at least somewhat of a concept, I mean holy shit we’re not Japan. No seriously look at how they do Court over in the Land of the Rising Sun.

      Japan has a 99.9% conviction rate, how many of you people knew that the Phoenix Wright series was actually intended as a scathing critique of the legal system of the country it was made in?

      If something in a contract is in violation of state or federal law, then that provision of the contract is null and void.

      There have been many instances of companies saying that you don’t have any rights because you sign them away in the licensing agreement, only for a judge to turn around and call bullshit. The preceddnt is basically cemented in stone at this point.

      • Rodeo@lemmy.ca
        link
        fedilink
        arrow-up
        10
        ·
        1 year ago

        Let’s recall that the SCOTUS overturned a major precedent not so long ago. Precedent is not rock solid anymore.

        • cobra89@beehaw.org
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          There’s a difference between 1 or 2 cases of precedent and hundreds or thousands of cases.

        • Queen HawlSera@lemm.ee
          link
          fedilink
          English
          arrow-up
          5
          ·
          1 year ago

          A friend of mine once said, that some things are too good to be true, but fortunately there are also some things that are too bad to be true.

      • abraxas@sh.itjust.works
        link
        fedilink
        arrow-up
        4
        ·
        edit-2
        1 year ago

        I agree with everything here, but I wouldn’t use conviction rate as a good metric. The US has a fairly disgusting conviction rate itself (especially federally) linked in with that whole “plea guilty to 6-60 months (judge’s prerogative) or face 40 years to get a trial, but we don’t call that duress”.

        I’ve only once seen a guilty plea where the defendant is asked under oath if they actually agree there’s enough evidence to convict them, and that was a high-profile person getting a slap on the wrist for basically treason.

          • abraxas@sh.itjust.works
            link
            fedilink
            arrow-up
            2
            ·
            1 year ago

            99% sure it was Sydney Powell. If I’m remembering wrong, then it was Jenna Ellis. Coulda been both. In Ms. Ellis’ guilty plea (I skimmed the video of it) she was bombarded with 5 minutes of confirming questions and I don’t have time to listen to all of them. This recently came up on… I think it was Legal Eagle’s analysis of all these guilty pleas, and if you haven’t checked him out and are interested, you might want to (he’s on Youtube)

        • Queen HawlSera@lemm.ee
          link
          fedilink
          English
          arrow-up
          3
          ·
          1 year ago

          Still it’s… horrifying learning that the more ridiculous shit in Phoenix Wright (Like Phoenix having to get someone else declared Guilty to prove his client’s innocence, when in real life you just have to create reasonable doubt that your client did it) is… actually based on how Japan’s legal system works.

          I mean fuck, if the law has that iron of a fist, it gives me newfound respect for the round balls on the Yakuza.

        • Queen HawlSera@lemm.ee
          link
          fedilink
          English
          arrow-up
          1
          ·
          1 year ago

          Easy, just read the following exchange

          “Sir that’s against the law!”

          “Just do it! If someone tries to sue let legal worry about it!”

  • Vincent Adultman@lemmy.world
    link
    fedilink
    arrow-up
    47
    ·
    1 year ago

    This would make they pay more for a lawsuit in a country that takes consumer protection seriously, lol. Samsung had to pay me 5k(35% to the lawyer) because they refused to deliver a fridge on my apartment. They delayed the delivery, had me hours on hold, insult and tried to fright me whenever they talked to me. The fridge was 4,5k and it got done within 10 months. So good luck to Mac Donald’s.

      • Vincent Adultman@lemmy.world
        link
        fedilink
        arrow-up
        10
        ·
        1 year ago

        Something something they don’t go past the 3rd floor, but my address the whole time was 5th floor. The delivery was 2 weeks late and the delivery guy knocked on my door asking if I was going to carry the fridge, even though I had paid them to do that.

      • Vincent Adultman@lemmy.world
        link
        fedilink
        arrow-up
        9
        ·
        1 year ago

        Here, the government has a service that you go to and somebody tries to solve the issue for you (like a costumer support). The lady called Samsung, they had her on hold, and then returned basically saying “sue us”. She was surprised because the companies tend to reason when the government service calls to solve the issue, because the next step to solving it is a lawsuit. It was a journey with Samsung.

      • LuckyBoy@lemmy.world
        link
        fedilink
        arrow-up
        3
        ·
        1 year ago

        Why? I’m serious, I have a fridge for 6 years and its good for the money. I’m not defending Samsung and I dont care about brands, so I’m genuinaly asking what is your ground for that affirmation?

        • FortuneKeeper@lemmy.world
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          Purely anecdotal based on info from other people reporting how shite things are. Their appliances look really nice/luxurious but the feedback I’ve heard is they do not compare well to other brands. I posted in another comment about how my Dad had to replace all his Samsung appliances within 5 years.

          • Rodeo@lemmy.ca
            link
            fedilink
            arrow-up
            1
            ·
            1 year ago

            I mean 5 to 10 years is the new life span for appliances.

            Pretty soon your fridge will be a subscription.

            • FortuneKeeper@lemmy.world
              link
              fedilink
              arrow-up
              2
              ·
              1 year ago

              So wasteful, but many of those appliances were also replaced even within the first 2 years. Not acceptable at all.

    • derpgon@programming.dev
      link
      fedilink
      arrow-up
      8
      ·
      1 year ago

      Should’ve been 100k, there were so many times they could’ve NOT done that, and yet they did, and so many people along the chain failed - they were testing what is possible and what they can get away with.

      • Vincent Adultman@lemmy.world
        link
        fedilink
        arrow-up
        6
        ·
        1 year ago

        Dude, I had just moved, putting everything inside a cooler with ice in the summer. Delaying a fridge for almost a month was terrific. All this information made to the judge. If he thought this was a fair amount, I would mind a little more tho.

  • TheEntity@kbin.social
    link
    fedilink
    arrow-up
    45
    arrow-down
    1
    ·
    1 year ago

    How are they even going to prove a specific person agreed to these terms or even used their app?

    • Todesschnitzel@lemm.ee
      link
      fedilink
      arrow-up
      37
      ·
      1 year ago

      Using the app forces you to log in (via email or similar). And that can be backtracked to you if you’re not careful!

      • TheEntity@kbin.social
        link
        fedilink
        arrow-up
        21
        ·
        1 year ago

        The last time I checked, they didn’t even require clicking any confirmation email. Every time I visit a McDonald’s I reinstall their app and just create a new bullshit account with a temporary email which I don’t even need to check. For all they know, you might have created an account with my email and agreed to the terms (just an example). It’s unenforceable on so many levels I’m dumbfounded.

        • starman2112@sh.itjust.works
          link
          fedilink
          arrow-up
          8
          ·
          1 year ago

          Are you gonna do a perjury and say it wasn’t you that made the account? As much as I tell myself “oops ¯\_(ツ)_/¯ I accidentally clicked a button without reading what it said,” I’m not ready to keep that up with a lawyer going through my account history and showing that I ordered a baconator and a whopper on July 19th 2021, and they happen to have video of me inside the store picking up that exact order that I paid for with my credit card

        • Todesschnitzel@lemm.ee
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          But not everyone does that. I would as well… if I visited there. Which I don’t. Because I am fucking paranoid. But this is the way to go… unless you use coupons from the app which would prove you using it and thus having accepted that you wont make fat stacks suing them.

  • xantoxis@lemmy.world
    link
    fedilink
    arrow-up
    35
    ·
    1 year ago

    Have you ever been a successful plaintiff in a class-action lawsuit? Those fries are worth more than you would have gotten.

    • CyberDine@lemmy.world
      link
      fedilink
      arrow-up
      17
      ·
      1 year ago

      Resident of Illinois here, I got $450 from Facebook, and $100 from Google for Biometric violations.

    • keefshape@lemmy.world
      link
      fedilink
      arrow-up
      3
      ·
      edit-2
      1 year ago

      Yeesh, all the Americans in this subthread getting 3 or 4 figures back from suits. Us canucks get like, $12 per.

      • cjsolx@lemmy.world
        link
        fedilink
        arrow-up
        5
        ·
        1 year ago

        I got $29 from the Intuit class-action suit. Yay. Pretty sure they charged more than that when I submitted my taxes that year. I was dumb.

      • Furbag@lemmy.world
        link
        fedilink
        arrow-up
        2
        ·
        1 year ago

        Most I ever got back from a class action was $70. In a settlement where the defendant was fraudulently overcharging for their product by hundreds of dollars.

        The meagre payout didn’t cover the amount I was overcharged by (by then I didn’t care anyway) and the class action settlement was little more than a slap on the wrist for the billion dollar corporation because they earned more in the process of defrauding people than they lost in the payments.

  • pinkdrunkenelephants@lemmy.cafe
    link
    fedilink
    English
    arrow-up
    32
    ·
    1 year ago

    Imagine anyone unironically swallowing down that pig swill

    Actually I used to and can confirm how disgusting and worthless it is. It’s not even worth it for the free fries. You barely get any “meat” on the burgers; they’re mostly bread and iceberg lettuce which is actually bad for you too.

    Even the fucking donuts I eat are better than that disgusting trash. 🤦

    Oh, and here’s the kicker: the only demographic that eats there consistently is the extreme poor who are unlikely to understand terms of service and contracts, and these deals are designed to exploit them. They, I feel bad for. Anyone who has money and chooses to waste it on that lukewarm basura deserves the suffering they get.

  • shadowspirit@lemmy.world
    link
    fedilink
    arrow-up
    30
    ·
    1 year ago

    App is shit. Local store made a mistake told me to contact corporate. Corporate told me to talk to local. Eventually was told escalated to tech team. Crickets for two weeks. Had to file dispute with credit card to get my money back.

    Uninstalled app and haven’t been back to McDonald’s since. Fuck em. They have shit support and a shit app.