@LuFins-Dad said in Disney: "Our Terms of Service make us immune to this lawsuit":
Everyone keeps claiming it was the Disney + waiver that Disney was arguing to take it to arbitration. It wasn’t, it was the waiver that was in the park ticket purchase, the waiver that was in the park app he downloaded, and more.
NPR got it wrong?
In late May, Disney's lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.
Arbitration is generally considered a more efficient and cost-effective method of resolving disputes than litigation, and Disney said explicitly in court documents that the "main benefit of arbitration is avoiding heavy litigation costs."
The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a monthlong trial in 2019.
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Those terms of use — which users must acknowledge to create an account — state that "any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration."
Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is "immaterial."
"Piccolo ignores that he previously created a Disney account and agreed to arbitrate 'all disputes' against 'The Walt Disney Company or its affiliates' arising 'in contract, tort, warranty, statute, regulation, or other legal or equitable basis,'" the motion reads, arguing the language is broad enough to cover Piccolo's claims.
