Forced arbitration with Smartwool socks: Difference between revisions

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Smartwool is a brand of wool clothing. The incident described in this summary is a example EULA roofieing~~, where one~~ a business attempts to create a contract on the basis of no-response from customers. Often this is done as prudence for business interests. However, it creates the potential for unjust situations<ref>[[Disney wrongful-death lawsuit]]</ref>. 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 a brand of wool clothing. The incident described in this summary is a example of Post-purchase EULA (End User License Agreement) modification (colloquially referred to as "EULA roofieing"). It occurs when a business attempts to create or modify a contract after a sale on the basis of no-response from customers. Often this is done as prudence for business interests. However, it creates the potential for unjust situations<ref>[[Disney wrongful-death lawsuit]]</ref>. 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.

A feature of this example is 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 opt-in without reading it. Opting out is difficult, tedious and relatively expensive.

A feature of this example is 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.

==Incident of EULA ~~roofieing~~==

== Incident of Post-purchase EULA modification ==

According to a viewer of the Rossman channel,<ref>https://www.youtube.com/watch?v=670rwHz1WV8</ref> Smartwool emailed a list of their account holders stating that they were opting them into forced arbitration, and to opt out, they must send a letter. through USPS Priority Mail, which is not the First Class mail that people typically use for mailing letters.

[[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png|thumb|600px|Text from the EULA as it appeared.]]

In addition to ~~the typical loss of rights associated with arbitration~~, the customers were opted in via email and could not simply reply to the email to opt out.<ref>https://www.smartwool.com/customer-service/terms-of-use.html</ref>

In addition to being a post-purchase action, the customers were opted in via email and could not simply reply to the email to opt out.<ref>https://www.smartwool.com/customer-service/terms-of-use.html</ref>

==References==

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 {{StubNotice}}
-Smartwool is a brand of wool clothing. The incident described in this summary is a example EULA roofieing, where one a business attempts to create a contract on the basis of no-response from customers. Often this is done as prudence for business interests. However, it creates the potential for unjust situations<ref>[[Disney wrongful-death lawsuit]]</ref>. 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 a brand of wool clothing. The incident described in this summary is a example of Post-purchase EULA (End User License Agreement) modification (colloquially referred to as "EULA roofieing"). It occurs when a business attempts to create or modify a contract after a sale on the basis of no-response from customers. Often this is done as prudence for business interests. However, it creates the potential for unjust situations<ref>[[Disney wrongful-death lawsuit]]</ref>. 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.
-A feature of this example is 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 opt-in without reading it. Opting out is difficult, tedious and relatively expensive.
+A feature of this example is 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.
-==Incident of EULA roofieing==
+== Incident of Post-purchase EULA modification ==
 According to a viewer of the Rossman channel,<ref>https://www.youtube.com/watch?v=670rwHz1WV8</ref> Smartwool emailed a list of their account holders stating that they were opting them into forced arbitration, and to opt out, they must send a letter. through USPS Priority Mail, which is not the First Class mail that people typically use for mailing letters.
 [[File:Screenshot from "Forced Arbitration On SOCKS! Purposely Difficult Opt Out Scam Explained".png|thumb|600px|Text from the EULA as it appeared.]]
-In addition to the typical loss of rights associated with arbitration, the customers were opted in via email and could not simply reply to the email to opt out.<ref>https://www.smartwool.com/customer-service/terms-of-use.html</ref>
+In addition to being a post-purchase action, the customers were opted in via email and could not simply reply to the email to opt out.<ref>https://www.smartwool.com/customer-service/terms-of-use.html</ref>
 ==References==