(Photo credit: Creactionc/SXC)
The makers of Cheerios faced public controversy over its new legal terms.
The updated privacy policy was first reported by the New York Times, which noted that anyone who gained from either downloading an online coupon or liking the company’s Facebook page, among other online activities, waived their rights to sue the company as a part of a class action lawsuit. Instead, disputes would have to resolved either through binding arbitration or through informal negotiations over email. This scenario was also extended to customers who bought these products.
The specific changes were as follows, according to the Globe and Mail: “In exchange for the benefits, discounts, content, features, services or other offerings that you receive or have access to by using our websites, joining our sites as a member, joining our online community, subscribing to our e-mail newsletters, downloading or printing a digital coupon, entering a sweepstakes or contest, redeeming a promotional offer, or otherwise participating in any other General Mills offering, you are agreeing to these terms.”
While General Mills bowed to public pressure and reverted it’s privacy policy back to the original version, unfortunately other companies have adopted a similar stance, which started after the 2011 supreme court ruling between AT&T Mobility v. Concepcion. The decision allows businesses to use contracts as a way to prevent class action lawsuit, which is one method for individuals to seek a legal remedy against a company.
Even if the policy remained in place, it would not have had as much weight in Canada with some provinces (Ontario, Quebec and Alberta) passing legislation that restricts these types of clauses or has them declared as invalid, according to the Globe. While it remains valid in B.C., judges rarely block lawsuits based on this premise.
Contracts are usually lengthy documents filled with jargon, but it remains important that consumers read them thoroughly before signing off. Don’t be afraid to say you need to take a look through it before you’re willing to sign on the dotted line. This also goes for installing apps on your smartphone or signing up for websites, which can include giving company’s access to your personal data or letting company’s utilize your images. Always be aware of what you’re signing off on or accepting to avoid potential issues in the future.
Customers should be expect a standard of care when you use a product or service and being able to join a class action lawsuit lets Canadians exercise their legal rights. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all personal injury issues, including product liability, throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Greg Neinstein
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