23andMe frantically changed its terms of service to prevent hacked customers from suing - eviltoast
  • lhx@lemmy.world
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    1 year ago

    Like all good lawyer answers: maybe. I don’t know enough about the specific amended terms or their data breach. Courts sometimes enforce adhesion contacts and sometimes don’t. But retroactive in and of itself isn’t illegal; for example, if you could edit NOT retroactively settle a dispute, you’d have no settlement agreements.

    • KevonLooney@lemm.ee
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      1 year ago

      But settling a dispute requires compensation for the party that was damaged. That’s what a settlement is.

      You can’t say “If you don’t do A, B, and C you can’t sue me! Nah nah nah!” Without compensation courts are not going to believe that anyone knowingly agreed to the settlement.

      Now if they gave everyone like $5 and said “Sign here where it says you can’t sue,” that would be different.

      • lhx@lemmy.world
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        1 year ago

        You’re referring to the contract concept of “consideration” which sometimes is the same as compensation but can also do doing/ not doing an action. Sometimes consideration isn’t required either, particularly if the original contract had adequate consideration and says future amendments don’t have to have it. (Depends a lot on which state). That may or may not matter here. It really depends on the specific terms at dispute and you can’t just assume it fixes this issue.