http://www.nytimes.com/2014/04/17/business/when-liking-a-brand-online-voids-the-right-to-sue.html


When ‘Liking’ a Brand Online Voids the Right to Sue
By STEPHANIE STROM
APRIL 16, 2014

Might downloading a 50-cent coupon for Cheerios cost you legal rights?

General Mills, the maker of cereals like Cheerios and Chex as well as brands 
like Bisquick and Betty Crocker, has quietly added language to its website to 
alert consumers that they give up their right to sue the company if they 
download coupons, “join” it in online communities like Facebook, enter a 
company-sponsored sweepstakes or contest or interact with it in a variety of 
other ways.

Instead, anyone who has received anything that could be construed as a benefit 
and who then has a dispute with the company over its products will have to use 
informal negotiation via email or go through arbitration to seek relief, 
according to the new terms posted on its site.

In language added on Tuesday after The New York Times contacted it about the 
changes, General Mills seemed to go even further, suggesting that buying its 
products would bind consumers to those terms.

“We’ve updated our Privacy Policy,” the company wrote in a thin, gray bar 
across the top of its home page. “Please note we also have new Legal Terms 
which require all disputes related to the purchase or use of any General Mills 
product or service to be resolved through binding arbitration.”

The change in legal terms, which occurred shortly after a judge refused to 
dismiss a case brought against the company by consumers in California, made 
General Mills one of the first, if not the first, major food companies to seek 
to impose what legal experts call “forced arbitration” on consumers.

“Although this is the first case I’ve seen of a food company moving in this 
direction, others will follow — why wouldn’t you?” said Julia Duncan, director 
of federal programs and an arbitration expert at the American Association for 
Justice, a trade group representing plaintiff trial lawyers. “It’s essentially 
trying to protect the company from all accountability, even when it lies, or 
say, an employee deliberately adds broken glass to a product.”

[snip]
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