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23andMe frantically changed its terms of service to prevent hacked customers from suing (www.engadget.com)
submitted 2 years ago by to c/technology@lemmy.world
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[–] 6 points 2 years ago* (1 child)

Like all good lawyer answers: maybe. I don’t know enough about the specific amended terms or their data breach. Courts sometimes enforce adhesion contacts and sometimes don’t. But retroactive in and of itself isn’t illegal; for example, if you could edit NOT retroactively settle a dispute, you’d have no settlement agreements.

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  • [–] 2 points 2 years ago (1 child)

    But settling a dispute requires compensation for the party that was damaged. That's what a settlement is.

    You can't say "If you don't do A, B, and C you can't sue me! Nah nah nah!" Without compensation courts are not going to believe that anyone knowingly agreed to the settlement.

    Now if they gave everyone like $5 and said "Sign here where it says you can't sue," that would be different.

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  • [–] 4 points 2 years ago

    You’re referring to the contract concept of “consideration” which sometimes is the same as compensation but can also do doing/ not doing an action. Sometimes consideration isn’t required either, particularly if the original contract had adequate consideration and says future amendments don’t have to have it. (Depends a lot on which state). That may or may not matter here. It really depends on the specific terms at dispute and you can’t just assume it fixes this issue.

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