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Under the updated terms, consumers can no longer opt out by email. Instead, Smartwool requires that objections be submitted via USPS Priority Mail or hand delivery, an absurd requirement costing even more than First Class mail. Provisions in the updated terms give the arbitrator authority over scope and enforceability of terms, and require consumers to reimburse Smartwool for arbitration fees if a claim is deemed “frivolous.” | Under the updated terms, consumers can no longer opt out by email. Instead, Smartwool requires that objections be submitted via USPS Priority Mail or hand delivery, an absurd requirement costing even more than First Class mail. Provisions in the updated terms give the arbitrator authority over scope and enforceability of terms, and require consumers to reimburse Smartwool for arbitration fees if a claim is deemed “frivolous.” | ||
This is a textbook example of [[ | This is a textbook example of [[post-purchase EULA modification]] designed to preempt class-action risk, and unfairly deprive customers of the right to sue. | ||
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