Message from @Sen

Discord ID: 357293773128073217


2017-09-12 22:18:21 UTC  

I see

2017-09-12 22:18:22 UTC  

unconscionability is basically a balancing test between a bunch of different factors that ultimately come down to what the judge thinks

2017-09-12 22:18:45 UTC  

outcome will depend a lot on where suit is brought and what judge hears the case

2017-09-12 22:19:26 UTC  

What kind of court would hear such a case

2017-09-12 22:19:33 UTC  

Supreme court?

2017-09-12 22:19:56 UTC  

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

2017-09-12 22:20:20 UTC  

that imbalance getting big enough is when courts start calling things unconscionable

2017-09-12 22:20:49 UTC  

No, this case would either be brought in state district court and removed to federal court, or just brought in federal district court

2017-09-12 22:21:04 UTC  

a district court judge would make a decision, which will probably go through a long ass appeals process

2017-09-12 22:21:18 UTC  

unlikely to go to Supreme Court

2017-09-12 22:22:44 UTC  

the classic case for this issue in school is https://en.wikipedia.org/wiki/Williams_v._Walker-Thomas_Furniture_Co.

2017-09-12 22:23:14 UTC  

"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...."

2017-09-12 22:24:04 UTC  

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.

2017-09-12 22:24:11 UTC  

Big difference

2017-09-12 22:26:44 UTC  

OHHH Equifax WAIVED the mandatory arbitration clause

2017-09-12 22:26:46 UTC  

that's fucking smart

2017-09-12 22:27:09 UTC  

wow, that's really genius. They look like the good guys while avoiding a serious legal challenge

2017-09-12 22:29:04 UTC  

They're probably also looking at some suits from state AGs

2017-09-12 22:29:36 UTC  

but that kind of thing is harder to talk about. I'm not sure what the cause of action would be.

2017-09-12 22:30:04 UTC  

probably be a congressional investigation and some new shitty legislation

2017-09-12 22:37:53 UTC  

shitty new legislation

2017-09-12 22:37:59 UTC  

the answer to all of society's woes

2017-09-12 22:41:21 UTC  

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.

2017-09-12 22:41:51 UTC  

lindsay fucking graham

2017-09-12 22:42:55 UTC  

someone needs to round up all these rhinos

2017-09-12 22:43:05 UTC  

and take them to the farm dead dogs go to

2017-09-12 23:13:39 UTC  

@TendieLord usually like 10

2017-09-12 23:58:12 UTC  

Wtf do you mean

2017-09-12 23:58:23 UTC  

The Mormons were nazbol you dummy

2017-09-12 23:59:37 UTC  

https://cdn.discordapp.com/attachments/267086373285134338/357314340472487946/IMG_20170912_195026.jpg

2017-09-13 00:00:47 UTC  

>Jews
>White

2017-09-13 00:00:59 UTC  

https://cdn.discordapp.com/attachments/267086373285134338/357314685529358336/Screenshot_20170912-194945.jpg

2017-09-13 00:01:03 UTC  

Part 2

2017-09-13 00:01:19 UTC  

Ignore my typo

2017-09-13 00:01:59 UTC  

What do y'all Nazis think of the Lehi

2017-09-13 00:02:50 UTC  

Lehi, father of Nephi?

2017-09-13 00:05:48 UTC  

The Stern Gang

2017-09-13 00:06:34 UTC  

HI @enuma elis WE'RE NOT NAZIS.

2017-09-13 00:06:51 UTC  

WE'RE POZZED LEFTISTS TROLLING.

2017-09-13 00:07:09 UTC  

That's literally the same