Guide Discord wants to void your right to sue them in court — but you can opt out of the practice

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A quick brief on the service’s new arbitration clause

On April 15, Discord’s new Terms of Service changes went into effect, and there’s one major addition: an arbitration clause. What does it mean for users? It’s an important change easily lost in the fine print for anyone on Discord — and those in the know have a chance to opt out of the new agreement before May 15.

Basically, arbitration is a way of handling legal disputes outside of the court system. In terms of this new clause, it means that if you have any kind of dispute to settle with Discord, you can’t sue them or join a class-action lawsuit of other affected users. (Note: this only applies if you’re a U.S. resident.)

Based on what’s now laid out in the TOS, any disputes between a user and Discord will be handled privately, in meetings with the company. If those meetings fail, the dispute goes to arbitration. This process is private, which means the public has no way to review the evidence or results, it’s expensive, and there’s no guaranteed right to an appeal process. Whatever the arbiter decides, is the end of it. The process almost objectively privileges companies, which have a lot of power and resources, over individuals.

So, how do you opt out? This is also noted in the fine print: Users can write an email to [email protected] within “30 days of April 15, 2024 or when you first register your Discord account, whichever is later.” The NCLC has a template that you can download, and it’s not complicated.

 
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