Sued Ashley Madison In Trouble If They Rely On Terms And Conditions

FORBES – Oct 23 – Ashley Madison is being sued in Canada, the US, and likely in other countries. These class-action lawsuits, seeking ~$500M in damages, will take years. A majority of the focus will be on the “Terms and Conditions” and “Privacy Policy”. Recently, a federal judge in California granted Lyft’s motion to dismiss a class action lawsuit filed against it by its drivers. The reason? A provision in Lyft’s Terms of Service waives class actions and forced arbitration. Ashley Madison, however, might not be as lucky: some self-imposed update procedures are likely to get those Terms and Conditions completely thrown out. Ashley Madison’s Terms and Conditions are intended to protect Ashley Madison. In summary they state:

  • It’s not our problem if your data gets hacked.
  • We are not liable for damages, and you can’t sue us for more than $5K.
  • You may be interacting with fembots.
  • If you sue us, you must do it via arbitration and you may not do it as part of a class action lawsuit.

Ashley Madison gives itself the right to update its Terms and Conditions at anytime, and expects users to check for updates. This won’t work in California. Safeway was just ordered to pay out $31M in a class action lawsuit, due in a part to never having provided conspicuous notice of changes to its own online Terms and Conditions.

by Brian Powers
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