691
23andMe frantically changed its terms of service to prevent hacked customers from suing
(www.engadget.com)
this post was submitted on 10 Dec 2023
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Previous rulings such as Rubber v Glue and Face v Hand make this look like a really strong strategy
IANAL, but I think they should be in a far weaker position with their whole "if you don't object within 30 days we will consider you to have accepted". They can't really argue that no positive action from the other party is construed as acceptance of a new contract. If there was continued use of the service that would be different, but no action cannot reasonably be construed as acceptance.
That's exactly how it works, as long as they notify everybody and set a drop dead date on it, usage beyond that point constitutes acceptance. No different than every other passive TOS on the planet.
That's exactly what they're trying to do, the point I'm making is it won't hold up to any scrutiny. You need at least some sort of positive action from the other party to construe agreeing to new terms. Contracts are always two way agreements, in spite of how many consumer facing businesses would like you to believe they dictate the terms.