Message from @UOC
Discord ID: 357288955521007638
By far
I only just heard about the equifax thing
I submit two suggestions: John Coltrane (jazz) and Michael Jackson (pop)
I will read up on it and answer you
jazz by a long shot
michael jackson is ok
Hagel I agree with your opinion of negroid music
except I like old timey blues too like Muddy Waters and Howlin Wolf
the best negro music comes from detroit
oh its a mandatory arbitration clause issue
the best negroid music was when louis theroux made a rap song
those are becoming pretty disfavored. I don't know how equifax will shake out, but my guess is that there is a chance some judge will find that clause to be "unconscionable"
or maybe it's sun ra
sun ra is solid
space IS the place
What does that mean
In a legal sense
contractual provisions that are "unconscionable" are unenforceable. If a mandatory arbitration clause is found to be unconscionable, it would allow people to sue Equifax over this despite what their fine print says.
I see
unconscionability is basically a balancing test between a bunch of different factors that ultimately come down to what the judge thinks
What kind of court would hear such a case
Supreme court?
generally, things are unconscionable when there is a big imbalance in the position of the two parties. For example, a huge corporation would have much more bargaining power, much more sophistication; a random person would have fewer options, less knowledge, etc
that imbalance getting big enough is when courts start calling things unconscionable
No, this case would either be brought in state district court and removed to federal court, or just brought in federal district court
a district court judge would make a decision, which will probably go through a long ass appeals process
unlikely to go to Supreme Court
the classic case for this issue in school is https://en.wikipedia.org/wiki/Williams_v._Walker-Thomas_Furniture_Co.
"Unconscionability has generally been recognized to include an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party...."
mandatory arbitration of a breach of financial data like this is a big deal. I think the other main challenge to mandatory arbitration clauses in recent times was some stupid thing about Verizon's cell phone plans.
Big difference
OHHH Equifax WAIVED the mandatory arbitration clause
that's fucking smart
wow, that's really genius. They look like the good guys while avoiding a serious legal challenge
They're probably also looking at some suits from state AGs
but that kind of thing is harder to talk about. I'm not sure what the cause of action would be.
probably be a congressional investigation and some new shitty legislation
shitty new legislation
the answer to all of society's woes
A BILL
To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, and for other purposes.