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Response to Xavier, Kristen, & Amanda cite at least 1 reference for each of them
Response to Xavier, Kristen, & Amanda cite at least 1 reference for each of them.
Xavier Jackson posted Dec 22, 2023 5:32 PM
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I completely understand your concern about the use of ADR (Alternative Dispute Resolution) clauses, often buried within the terms and conditions of transactions, especially when downloading apps or using online services. It’s a topic that raises valid questions about fairness and transparency.
On one hand, ADR can be a useful and efficient way to resolve disputes without going through the time-consuming and costly process of traditional litigation. It can benefit both consumers and companies by potentially saving time and money.
However, the issue lies in the transparency and fairness of these agreements. Many consumers don’t read or fully understand the terms and conditions, often presented in lengthy, complex legalese. This lack of transparency can put consumers at a disadvantage because they may unknowingly waive their right to pursue legal action or class-action lawsuits in case of a dispute.
In my opinion, it’s essential for companies to make these ADR clauses more transparent and conspicuous. They should ensure that consumers are fully aware of what they are agreeing to when they check that box. This can be achieved through clear and concise language, summaries of key points, and possibly even requiring consumers to actively acknowledge and accept the ADR clause separately from the terms and conditions.
This approach would strike a fair balance between protecting the interests of both consumers and companies. ADR can be a valuable tool, but it should be used with transparency and consumer awareness to ensure a level playing field and uphold the principles of fairness in transactions.
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Kristen Ferrara posted Feb 10, 2024 11:14 PM
Alternate Dispute Resolution
This is my first time digging into this topic. After reading the “terms and conditions” of Verizon Wireless my honest opinion is that it is a bunch of words that is just a headache to even read. Companies like Verizon do need to put this type of wording in to their documents though in order to protect themselves. I think it is an advantage for them because at the end of the day when someone comes has a problem with them they can pull out all these papers that the customer signed and say, “Hey, look you signed it!” and the customer who did not read it really can not do anything. So, therefore I think somewhat it is not fair to the consumer but at the same time it is because we as consumer have the choice to read it or not read it and every time I breeze right through those documents and accept without reading I truly do know what I am passing and accepting and signing through without reading. So, it is more on me as the consumer then on them.
Currently though I received documents stating that I am part of a settlement class action lawsuit against Verizon (reached a proposed settlement agreement) for charging for post paid administrative fees.
Esposito et al. v. Cellco Partnership d/b/a Verizon Wireless
MID-L-6360-23
So I guess sometimes, the consumer can benefit because however this began I would have assumed Verizon would have done nothing but with Esposito and attorneys they were actually able to get CellCo/Verizon to settle.
References
Verizon Wireless. (2023). Customer settlement agreement. https://www.verizon.com/support/customer-agreement/
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Amanda Zick posted Feb 10, 2024 3:46 PM
Hello Class,
As this being my first law class that I have taken, I was not familiar with ADR – Alternative Dispute Resolution. Have done a little bit of research on the topic, most forms of ADR come in the “terms and conditions” form of an agreement or contract. I have downloaded apps onto my phone and had to agree to the terms and conditions, it also happens when new phone updates are available.
I do think that this is fair to the company for a few reasons. First reason being that it is protecting the company itself which is important. Secondly, the companies give us the “terms and conditions” assuming that us as customers are reading them before agreeing. I don’t think that the it puts the company at an advantage because the companies are telling us about the ADR, they aren’t hiding it. It might be hard to read or you just don’t it but its there.
Regarding ADR and protecting the economy. I do believe that it can protect the economy. While companies use ADR, it saves money when it comes to using it to take people to court over disagreements. Due to ADR it can eliminate that cost and put the money elsewhere.
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