On April 15, Discord's new feature Terms of service The changes have come into effect and there is one important addition: an arbitration clause. What does it mean for users? It's an important change that's easy to miss in the fine print for anyone on Discord – and those in the know have the chance to opt out of the new deal before May 15.
Essentially, arbitration is a method of resolving legal disputes outside of the court system. Under this new clause, it means that if you have any kind of dispute to resolve with Discord, you cannot 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 currently stipulated in the TOS, any disputes between users and Discord will be handled privately in meetings with the company. If those meetings are unsuccessful, the dispute will be referred to arbitration. The process is private, meaning the public has no way to review the evidence or results, it is expensive, and there is no guaranteed right to an appeal process. Whatever the referee decides, it's over. This process almost objectively privileges corporations with more power and resources than individuals.
McDonald's Also did this with my TOS last fall, and it was… really shady. Basically, if you want to take advantage of the McDonald's app (to get free fries on Fridays, for example), you must sign up and agree to the arbitration clause. McDonald's already has it history turn public opinion around the client's lawsuit. Remember the woman who sued McDonald's for Her coffee is too hot? She suffered third-degree burns because McDonald's served her coffee at 180 degrees F. While the victim won her lawsuit, McDonald's PR machine turned that story into a gossip about Americans having fun with lawsuit. (Clock documentary Hot coffee recorded this story – it's amazing, unlike how it happened in real life.)
You won't get third-degree burns from Discord. But there is legal recourse in case anything else happening is important. It doesn't matter if you're thinking, “well, I probably won't sue Discord ever so who cares.” But now there is a group of parents who are to sue Discord alleges that predators are taking advantage of their children on the platform. Is a legal scholar note for decadesThe arbitration clause is a hindrance to a lot of things we didn't see coming.
So how do you say no? This is also noted in the fine print: Users can write an email to referee-opt-out@discord.com within “30 days of April 15, 2024 or when you first register for a Discord account first, whichever comes later.” NCLC does template that you can download and it's not complicated.
Basically, just say you want to opt out, include the date, and most importantly, keep a copy for your records. A company won't do it for you.
