Associated Press: Wrongful death suit against Disney serves as a warning to consumers when clicking ‘I agree’

Such agreements, which customers quickly consent to by clicking “I agree” when downloading an app or a streaming service, are so stacked against the consumer that it’s often difficult to offer good legal advice, said John Davisson, director of litigation at the Electronic Privacy Information Center. 

“The consumer is presented with this contract and really doesn’t have an opportunity to negotiate the terms,” Davisson said. “It’s yes or no.” 

… While it’s difficult to give consumers actionable advice when such agreements are so lopsided in favor of companies, Davisson suggested supporting lawmakers and regulators who are attentive to these issues. 

The Federal Trade Commission has historically supported the idea of disclosure terms protecting companies, even though the agreements are often dense and hard for typical consumers to comprehend. But Davisson says there has been a shift among policymakers and federal regulators. 

“Generally, it’s understood that it is literally impossible for consumers to read and interpret and fully understand all of the contracts that they’re being asked and expected by the law to agree to and abide by as they go about their day,” he said. “Especially in an increasingly online world in which we’re interacting with dozens or hundreds of platforms and services a day.”

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