Nothing screams "Safe and secure platform" like "You're not allowed to take us to court if something goes terribly wrong"

Roblox did this before, and a 10 year old took 10 million away. History is repeating itself.

Fun fact. The terms of service are like "house rules" if you break them you're expelled from the club, but have no legal weight or relevance. If you want to class action sue them the ToS have no legal weight or value. You can't sign away your rights. The companies want you to believe so but they can't take them from you.

My work tried this. They said "Sign this document and we'll add $200 to your next paycheck." Everyone in my department signed it except me. I read it and it was basically signing away your rights to sue. I said "Nope, not going to happen." They told me I had to or I could be fired. I said "great" and I went to a lawyer. They stopped dead in their tracks and backtracked everything, and nobody got paid their $200 either. But... I unfortunately never got fired or got to take them to court. That was going to be fun.

mm Discord's legal team must be just thrilled with a sudden flood of opt out emails

As an australian i'd love to sue discord on someone elses behalf

If they actually do something worth suing, they might end up doing what other large companies like Amazon have done, and quickly retract their arbitration clause. Basically, a lawfirm realized that you can automate 99% of the work required to submit arbitration claims for common issues, and flood companies with thousands of arbitration requests, completely crippling the entire arbitration system, and costing the companies millions in mandatory arbitration fees they promised to pay as part of the arbitration agreement. It's devious, and one of the best ways to fight back against what is a parallel and nonfunctional legal system in the US. When Amazon tried to find some excuse to get out of the arbitration clause they forced people to sign, the judge said "lol nope". I expect that if there's a real problem, it'll end up getting resolved one way or another. We've got a surprising amount of ways to fight back against illegal actions from companies.

Corpos have been doing this "you agree not to sue us" crap for decades. Courts throw this out in a breath. Contracts do not supersede law.

i dont understand how thats legally alowed TOS: "ur not allowed to sue me or get banned from discord" absurd

I love sudden forced ToS changes that popup when you launch your auto-updating-with-no-way-to-disable software that force you to agree or close permanently. Really consumer friendly.

Pull a class action lawsuit against the judges that side with the company 97% of the time because that is literally an unbalanced legal system that has probably resulted in millions of dollars of unpaid damages to parties who are most definitely unfairly judged to not get the payouts they deserve.

Thank you for this, Seriously. I am a privacy, and rights advocate, and I use discord not because I want to; its where everyone I know is. I had no idea this was a thing, and I am glad I stumbled across your video. I've just sent my email to them, and BCC'd myself to 2 different emails, a copy of it.

I am not a US resident, cry Discord.

The issue here is most of these rules will get voided in court... You can technically put ANYTHING in fine lining for terms and conditions, though courts have the right to choose to not let them be admissible in court. So even if Discord says you agree to not file a class action lawsuit... you can still file a class action lawsuit. Discord does not override a court system. This is like someone killing someone and going "oh you can't take me to court because I said so"... no no no, you are the defendant. You do NOT get a right to choose how your legal proceedings go.

I like the employee specific clause of yeah you cant sue us for harassment, abuse, wrongful termination, discrimination or retaliation. Really makes you wonder

I was initially getting discouraged because it felt as if you were inflating an explanation for runtime, but you actually covered all the bases really well. You researched the topic really well and did an incredible job of presenting the information, before telling us what to do to fix it. This video is exceptionally well done and I appreciate it a lot. Thank you.

Luckily, we have the GDPR, in which the EU just says "Nope, I don't care if you're in the US only, you have EU data subjects so here's a fine of up to 4% of your gross global earnings"

The biggest reason to hate forced arbitration: Tell ya what, we're gonna play a game where I pick the rules, the referee, who I pay to ref all of my games as long as I'm satisfied with how they do it, and there is no oversight or appeal, and it all happens behind closed doors with you agreeing you have to do whatever the ref says, including never tell people about the game after it's over.

I am fairly good at reading up on the discord terms and services but mostly when it comes to user violations as I mod for multiple servers, before this I had 0 clue as to what arbitration was or the fact that I agreed to it lol. Thanks once again for the insightful video!

stuff like this is why I never pay cash to any companies for anything online, I'd rather trust the pirates tbh. it all feels silly and useless, what with me somehow managing to convince each of my devices that I'm in a seperate country with zero use of vpn(no idea how I did that, mostly tech problems I purposefully avoided fixing), having each account seperate and generally unlinked for different groups of websites, randomly making burner accounts every time I visit a website with strange unique password fetishes, being blatantly honest with less personal information in a way that makes it seem like I'm making stuff up, which for example keeps real life friends from accidentally blowing my cover if they call me by my "nickname" ingame since I conveniently left out the part where it's my real name, or a part of it is anyways, probably, you don't know. ect. my favorite idea was giving scammers random pun names so I can keep track of where scammers are getting their info from, like some random old lady calls me and asks if I'm her grandson and I tell her "no, this is brian freiz(brain freeze)" and next thing I know all the scammers are calling me bre-an frezno, then I get a call from some chick asking if I'm Rian and I say "wrong number, this is don tramble(don't ramble)" and next thing I know I'm getting 12 calls a day asking for "Don". it really pays to be cautious. though I had to stop with the fake names when I realized that ANY response immediately marked you as an easy target, even just reading their text messages counted, and it was getting to the point where I had to mute my phone because it was just ringing every minute. another fun thing though, I've had a lot of "hackers" and "scammers" try to scare or startle me by knowing my location, but whatever the deal is with my devices, it tricks them too XD honestly you'd think knowing my phone number would be enough to let them know where I live, but I guess they just ignore that in favor of their fancy scary computer magic.

New legal tactic discovered: decentralized class action lawsuit “It’s not a class action lawsuit, I’m just representing all of these individuals in a series of definitely unrelated court cases using the exact same arguments, and I’ve charged each of them next to nothing for doing so.”

In France it's illegal if I remember correctly: you can not use a clause of attribution towards citizens. You can only against other companies.

Thanks for letting me know about this, gonna go post it everywhere I can

Literally never heard of you, or this, you now have a new sub. Bless you!

They should make it so if a company has a “you can’t sue me” clause in their TOS then the customer should be able to say “you can’t sue me either” lmao

This isn't just Discord. This is all US tech companies right now.

Holy smokes! Thank you so much for this video, and getting the word out there! I'm going to spread the word to all my discord homies!

Glad this came across my feed, thank you for spreading the info and keep those who will do something informed. Don't plan on suing discord, but... you never know.

US citizen here. thanks for posting a video regarding this. I take law classes and went over abuse of TOS and ironically still agree to BS like this. i just sent them the email and hopefully the honor the opt out. Put an end to EULA and abuse of TOS!

i have sent a request to be opted out twice, both time were ignored and no reply, discord is going to end up with a massive lawsuit eventually im calling it

Thank you for making this, I definitely would not know to do this without your help.

Thanks for the heads up. Will definitely emailing them, and my other services too now that I think about it if I can

arbitrate is the big mouth guy from Halo

Can't wait for discord's legal team to piss themselves when they see the amount of arbitration opt-out requests that suddenly come flooding in over the next month or so thanks to this video.

Thank you very much for including a template! Writing emails (especially formal ones) has always been hard for me

Hi, I am personally involved in class action lawsuit before. Few years back there was a case where the big banks in Australia was being sued for overcharging fees. Basically what happens is that a law firm will just start suing on your behalf, you can opt out but no reason to. Since there are often many plaintiff's payout isn't huge, I got like $550 or so. I think there are some underlying issues with discord that is waiting to blow up, that's why they changed the tos. Unlikely it will bankrupt discord but $500 is $500.

I have had 1 run-in with an arbitrator because a seller refused to properly refund me as I "damaged the product". Somehow, the arbitrator was unable to understand how a tripod could possibly get some very slight dust on the feet (it couldn't have been from simply having stood on the floor, it must have been outside according to him). My entire case hung in the balance of the overall intelligence of 1 person. Since then, when I see arbitration requirements, I go "NAH FAM".

It's insane to have a clause that says "btw you can't sue me" like dude! It shouldn't be for you to decide, it's for the judge

Thank you so much for this valuable information! I'm sharing the video with all my discord friends.

Recently, I just learned the definition of the word discord, and it is the most fitting name for the platform. discord noun lack of concord or harmony between persons or things:

"Taking away the rights to sue them". I'm sure there's certain situations where this is automatically invalid, depending on the subject in court

This is a reflection of a larger issue in the American legal system. This forced arbitration clause is a part of so so many terms and conditions. AND it doesn't necessary hold up in court - people have created class action lawsuits DESPITE force arbitration being a part of terms and conditions! There is some good news - forced arbitration in terms of service isn't iron-clan law. USA has some legal precedent where agreeing to forced arbitrary in the terms and conditions isn't held up by the courts. There have been class action lawsuits that happen DESPITE this forced arbitration clause. And there are lawyers that make their legal fees separate (and covered) separately so it isn't taken out of awarded money.

Commenting for algorithm reach, thank you for the straightforward explanation and template! Sharing this with friends to protect others.

Before this video, I did indeed know about this change and had already opted out.

As a Swedish student in law school, i am now certain that i can sue them for saving my messages and not deleting them after i delete my account. Edit: Woaaahhhh. Chill yall i'm 16. Yall would have to wait at least 4 years til i can file a lawsuit. And that alone can take a month or two.

TOS doesn't overrule law. If they said you have to pay them a billion dollars in the TOS it doesn't mean you actually have to do it.

I thank you for this so many times since it reminded me that I forgot to do this for my alt, thanks very much mate :D love your vids and how they keep up on showing what horrors are under discords happy skin

I'm so glad this popped up in my feed! I'll spread the word. Thanks!

The fact that I can just hide this clause in a terms of service and for it to be fully allowed is surprising. I have never seen this before, and I'm probably ignorant to the countless other platforms that have this same clause.

Forced arbitration should be made illegal. The fact that these companies can do things that are borderline messed up just because of something your required to agree to upon signup is just messed up. I’m not targeting discord here, but look at many major apps that use forced arbitration, like Roblox as an example. Roblox has done a lot of messed up stuff but nobody can do anything about it because of their terms of service (I am aware about the 10 million dollar court case).

Thank you very much for sharing this information. I sent it to my server and opted out myself.

You're a lifesaver. Liked, subscribed, followed your instructions to the T, ASAP. Thank you so much!

Finally I understand why this is an issue, I feel like I've seen this dozens of times before now and the entirety of the explanation was "they force arbitration and that's bad."

Hey, with arbitration, In US law you can appeal by just suing the arbitrator. Specifically, the Federal Arbitration Act establishes that you can appeal arbitration decisions by petitioning a court.

Huge thank you for this info sir! I recently just started using discord and was meet with a forced agreement to the ToS but also no way to really look at it (on the mobile app) and was sure I was signing my Rights away. I'm emailing right now to opt out of this nonsense (my cable/ISP just hit us with forced arbitration last month too) that every company is doing nowadays.

Thank you very much for clarifying both about the user ID number and how to find it!

Discord does train AI on your data. They have two patents for it. They acquired a subsidiary company called Sentropy, inc. It is literally an AI startup to combat hate speech on the internet.

Discord has a net worth of 14 billion, a 50 million dollar lawsuit would be less than half of one percent... that's not a good punishment, it just tells them they can afford to keep doing whatever it is they'd be sued for

I just saw this in time. Makes me really now want to take the time to read what I sign. 😅 Thank you. I have been spreading your video on Discord and Twitter. I just trying to get everyone I can before today ends. Everyone should have an option.

good content thank you. I was informed deeply about the issue that is relevant to a broad range of people. I will share this with my friends and family. Everyone should see this.

putting stuff like that in your TOS is just sketchy

You can also choose to arbitrate even if you've opted out. All you're doing is giving yourself more options.

me forgetting and re-watching the day after its too late:

Thanks for posting this. I've been duped before by shady tactics which have subject me to unfair circumstances so I appreciate a warning in advance WITH incentive to act immediately. Really needs to be illegal to force arbitration since it's something that a person should willingly consent to.

mate, I was aware of forced arbitration from Loius Rossman's videos, but watched this one through. But I'm dropping a comment to say that it really just hit me how great your videos are. You explain things so concise, to the point, easy to digest (forgot to mention: entertainining). You may focus on discord but I feel like if you made videos like this on anything I'd watch haha. Keep it up man love your videos.

I literally NEVER saw any articles or anything I had no idea This man is doing the lords work

I don't know how this found it's way to my feed, but thank you for this video. Subscribed.

This man spent 4 minutes throwing around the word "abritation" and getting no where until finally explaining what it was

I can't believe discord used their TOS to make sure you have to do arbitrary code execution to sue them😒

I feel like things like this could be easily argued in court as them hiding this agreement to arbitration under a lot of legal text as well as not providing clear ways to opt in or out, thus making the agreement void, but I'm not a lawyer and I don't know shit

Hey, thanks for bringing this to my attention. Had no idea before this video. I've passed it on to my family.

Thank you for sharing this information and the template its very helpful.

Great, Discord's arbitration team, or whatever, is going to have a field day processing all the new "Opt-out* requests, lol. 😂 Great video, by the way!

I'm not a lawyer, but I doubt that a lot of forced arbitration is legally enforcable. Contracts aren't some magic "you've signed your soul away", if something is legally unjustifiable, that part of the contract is null and void.

Shared this with a friend. The template is very useful as are the directions in vid. I've seen the arbitration clause come up in so many ToS's. Just never looked closely enough to know how to opt out.

This an incredibly common practice believe it or not, as somebody who actually reads TOSs and Privacy Policies I have seen this clause tens of times. Luckily, it doesn't hold up to well when to do so would require a company to fight international cyber laws,

Moral of the story: our legal system sucks

For what I understand The information needs to be very clear and visible to be legal, so the automatic opt in will not stay in front of a judge 🤣

Thank you for this and the timely heads up!

Never watched any of your videos. But, you earned a sub, and I want to learn more about anything. Thanks!

When i got asked to agree to the new terms mid April, i had a feeling forced arbitration would be in there and of course when i scrolled down it was. I would have warned more people at the time but i didnt know if people cared that much about it. i guess they only realized they cared when big youtubers talked about it. It would have been better if this video came out earlier, as this is a time sensitive issue. Maybe as a result of these videos people will look out for arbitration clauses in any new terms they come across, because this is super common now. At least discord had the slightest mercy to set up an email for opt outs; other companies make it so much less convenient

Do I get an email back confirming I've opted out or am I just gonna have to hope that they've done so?

thanks, I sent this video to my family group chat on discord, and then did it for both my discord accounts. Much apricated

I definitely am doing this just in case, doubt it'd ever come to it personally but better to be safe then sorry! Thanks for letting people know this dude 👍

This is some real weird and scummy nonsense. I refuse to give anyone this right, especially Discord. Thank you for telling us.😊

I was wondering when NTTS was gonna do a video on this. People have been talking about it everywhere, so I figured the Discord KZfaqr would've been joined that party early 😛But it does make sense to take a bit so he can get all the information together to not only explain the main thing, but give plenty of context that most others did not. I might've eventually gone ahead and opted out myself after doing a bit of personal research. I just really wanted to hear it from someone who's reputation I know of like NTTS to hear that context, and you can bet I've opted out now.

I doubt I'll ever need to sue Discord, but even I did this when I saw what was going on. Thanks bro.

Always check to make sure you're not giving up info to some spambot, even if it comes from a source as such. This appears to check out and I appreciate No Text To Speech for sharing it.

Thank you for covering this.

Just writing to say you really did manage to make the video very entertaining. I'm in EU and it was both fun and educational (even when it only applies to US). You are doing an awesome job!

Thank you for making this known much more widely!

This reminds me. I read the TOS for epson printer drivers a while back and something similar was in there. Except rather than forced arbitration it was an in built waiver of your right to a class action lawsuit and another that essentially says you're forced to assist in defending the employees shareholders etc in court

I didn't even know about this nor have i thought about suing Discord. However, this'll be something to have in the back of my head lmfao

3:48 this example, while obviously not a 1 to 1 example of every situation, is honestly, for me, a very very good way of explaining what could happen!👍 and I mean that!

One small footnote: If you live in San Francisco County, CA you can still pursue them in small claims court according to their "Exceptions" section. There are also a handful of other exceptions concerning certain types of disputes like copyright, moral rights, and "unauthorized use of services" but that last one does leave a bit of an open question.

Isnt that kind of stuff being in the TOS about as substantial as trucks with a “stay 200 ft back we are not responsible for broken windows” signs

Binah (비나, Bina) is the Patron Librarian of the Library's Floor of Philosophy, formerly the Sephirah of Lobotomy Corporation's Extraction Team, and a former Arbiter of the Head. She is met after promoting the Library to Star of the City and subsequently unlocking her floor.

KZfaq recommending this to me on may 16th is crazy

Thanks for the template, heard about it before and just used my username rather than the ID number.

Really glad I decide randomly watch this channel as I don’t watch the news so now I have opt out of this ridiculous term and service rule.