#they don't give a solitary fuck about the principle just the bottom line
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Sorry, not to jump on ur reply out of left field BUT i live to info vomit on people and you can totally still sue in small claims court! Etsy’s TOS has a specific exemption for suits in small claims. And many (most??) other agreements like it do too. The problem is whether it’s worth it. But if a company owes you personally like a few grand? Go for it! I mean, it’s a pain in the ass, so it helps to be fueled by spite, but people can/do totally win.
Class actions really come in when they dick thousands of people out of small amounts or in difficult to litigate ways, making it not worth it for individuals to sue. That’s what these shit court decisions and “arbitration agreements” really hurt.
But there’s an opt out here! Which is why it’s important for as many people to opt out as possible! Etsy is, as mentioned, sketchy as hell, so if a class action happens you want to be in it! Will they retaliate against your shop for opting out? Idk. It would probably be wildly stupid if they did, as they’d be retaliating against the only people clearly allowed to bring a class action against them??
BUT anyway I didn’t see anyone explaining how to actually opt out soooo here’s the relevant section of the TOS as far as I can find:
“If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to [email protected] with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither Etsy nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you.“ [full thing here]
the “effective date” is apparently July 24, 2023, so got till Aug 23 as anon said.
you can figure out what your user name/shop name is through this info: https://help.etsy.com/hc/en-us/articles/360000337387-How-your-Username-Shop-Name-and-Preferred-Name-Represent-You
Also if you have a larger case and are stuck in an arbitration agreement? Don’t just give up! Sometimes there’s ways to fight, and you can win in arbitration. Corporate shill arbitrators are a thing, but they’re not a guarantee. Corporations will usually want to arbitrate even with a fair arbitrator. Trials are expensive as shit, so even a win at trial can still be a massive loss for them. That doesn’t happen in arbitration.
But proceed with caution, some of these agreements also try to do really hideous shit, though some of those clauses have been stuck down in court. Small victories I guess...
have you seen that article about etsy's new terms of service that prevent you from participating in a class action law suit against them? (you can still email to opt out of the arbitration agreement by aug 23, 2023, there's a post with instructions somewhere.) this seems like it would impact a lot of digital artists, so i figured i'd check in that u knew about it!
ahh honestly i’ve never used etsy bc of how awful n shady they’ve always been but this might help out others!
#screaming into the void about all the class actions i've been involved with ending in NDAs#srsly if you have good evidence it might be worth emailing a class action attorney in ur jurisdiction just to Check#sometimes the hardest part for these attorneys is finding good plaintiffs...#sometimes the arbitration agreement is debatable enough the company will absolutely still shell out#just to get people to fuck off#see again: trials are expensive as shiiittttt#it's just a cost benefit analysis to them#unless they think they can win with a quick default or force good prescient they're not gonna fuck around and find out#the spreadsheet don't balance out that way#they don't give a solitary fuck about the principle just the bottom line#plaintiff class action attorneys are some of the most feral human beings I've ever met#i stg#bless them lmao
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