Discord is new on April 15th Terms of Use Changes have come into force and there is an important addition: an arbitration clause. What does this mean for users? It’s a major change that’s easily lost in the fine print for everyone on Discord – and those in the know will have the opportunity to opt out of the new agreement before May 15th.
Basically, arbitration is an out-of-court settlement of legal disputes. Regarding this new clause, this means that if you have any dispute to resolve with Discord, you will not be able to sue them or join a class action lawsuit by other affected users. (Note: This only applies if you are a US resident.)
Based on what is now set out in the Terms and Conditions, any dispute between a User and Discord will be handled confidentially in meetings with the Company. If these meetings fail, the dispute goes to arbitration. This process is private, meaning the public has no opportunity to view the evidence or results, it is expensive, and there is no guaranteed right to appeal. Whatever the referee decides, it’s the end. The process almost objectively privileges companies that have a lot of power and resources over individuals.
MC Donalds I did that too with his T&Cs last fall and it was…really shady. In general, if you want to use the McDonald’s app (e.g. to get free fries on Fridays), you must log in and agree to an arbitration clause. McDonald’s already had one Story to distort public opinion through customer complaints. Remember the woman who sued McDonald’s because Your coffee was too hot? She suffered third-degree burns because McDonald’s served her coffee that was 180 degrees Fahrenheit. While the victim won the lawsuit, McDonald’s PR machine turned the story into a punchline about how Americans were suave. (Regard the documentation Hot coffee recording this story – it’s great, unlike anything that happened in real life.)
You won’t get third degree burns from Discord. But in case you do, you have legal recourse something what happens is important. It doesn’t matter if you think, “Well, I’ll probably never sue Discord, so who cares?” But right now there’s a group of parents who do Sue Discord claims that predators are exploiting their children on the platform. As a legal scholar have noted for decadesthe arbitration clause is a barrier to so much that we don’t expect.
So how can you unsubscribe? This is also noted in the fine print: Users can email schiedsrichter-opt-out@ within “30 days after April 15, 2024 or when you first register your Discord account, whichever is later.” write discord.com. The NCLC has one Template which you can download and it is not complicated.
Basically, just say you want to unsubscribe, include the date, and most importantly, keep a copy for your records. A company won’t do that for you.
