Real Law Review: Discord and BetterHelp Hurting Users? (New Terms of Service) | Summary and Q&A

TL;DR

Discord's new Terms of Service includes an arbitration clause and class-action waiver, which may have both benefits and drawbacks for users. BetterHelp faced controversy over its previous Terms of Service, which implied they didn't thoroughly vet therapists, but they have since made changes.

Key Insights

• 👤 Terms of Service are often overlooked by users, but they play a crucial role in governing the relationship between users and a website or software.
• 👶 Discord's new Terms of Service include a class-action waiver and arbitration clause, which limit users' options for seeking legal action.
• 👻 Class-action lawsuits can be beneficial for users as they allow for the aggregation of small claims and incentivize lawyers to handle cases against companies that may have violated the law.

Transcript

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Questions & Answers

Q: What are the main issues with Discord's new Terms of Service?

The main issues with Discord's new Terms of Service are the inclusion of an arbitration clause and class-action waiver, which limit users' ability to file class-action lawsuits and instead force them into private arbitration. While this may have benefits such as faster resolution, it also takes away the ability to aggregate small claims.

Q: Are class-action lawsuits beneficial for users?

Class-action lawsuits can be beneficial for users as they allow for a collective legal action against companies that may have violated the law. They incentivize lawyers to handle cases that may otherwise not be financially viable and ensure that companies are held accountable for potential wrongdoing.

Q: What is the purpose of a disclaimer in Terms of Service?

Disclaimers in Terms of Service are common and serve to limit the liability of the platform or website. They often state that the platform is not responsible for the actions or conduct of independent contractors or professionals they connect users with. It is a standard practice to protect the platform from legal claims.

Q: Has BetterHelp addressed the concerns raised about their vetting process?

Yes, BetterHelp has since revised its Terms of Service to accurately reflect their vetting process for therapists. The initial controversy surrounding their original TOS seemed to stem from misunderstandings and misinterpretations, as BetterHelp was already conducting background checks on therapists.

Summary & Key Takeaways

• Discord recently updated its Terms of Service to include an arbitration clause and class-action waiver, preventing users from filing class-action lawsuits and requiring them to go through private arbitration instead.

• BetterHelp faced controversy over its previous Terms of Service, which seemed to suggest they didn't check the credentials of therapists on their platform. However, they have since revised their Terms of Service to accurately reflect their vetting process.