Forced arbitration means any legal disputes you may have with Discord must be resolved through a single third party mediator, who 99% of the time is chosen by, and will rule in favor of, the corporation/Discord. This effectively removes all your legal rights as a consumer, because arbitration decisions are legally binding and non-appealable.
The new ToS goes into effect April 15th, 2024.
YOU CAN OPT OUT OF ARBITRATION. You must email arbitration-opt-out@discord.comBEFORE MAY 15TH (30 days after ToS effective date) with your username stating that you wish to opt out of the arbitration clause. Once May 15th passes you are bound to arbitration with Discord forever.
I was invited to some Discord chatroom once: when I hit the website, the list of blocked scripts in uBlock Origin was longer than my arm. That was all I needed to close the tab immediately. I don't need to run 500 trackers from sketchy advertisement companies to join a glorified IRC chatroom with enough emojis and color to put an epilepsy sufferer in danger.
For anyone who didn’t click into the original post and whose client didn’t include its text, here are the instructions for opting out:
Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them.
Note that the forced arbitration clause applies only to Discord users in the US. The class action waiver appears to apply regardless.
This is also not a new addition to their TOS, but it does appear to require opting out again even if you already did, and to grant an additional opt out opportunity if you didn’t.
It has to be noted that this applies to US citizens. For EU citizens the arbitration rules do not apply (that at least is how I read the ToS). Instead, they get an EU body that handles disputes:
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (“OCDS”) mechanism under DSA Article 21.
I'm NO LAWYER but it seems to apply to US residents only? EU has their own provisions written down where discord begrudgingly follows the laws there. But for non-eu non-us people this doesn't seem to apply to us. "IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:"
For folks who will continue using discord, and that's probably most folks, it would be a good time to change your account email to an alias if you haven't already. They have clearly stated they are about to get sketch AF.
Can I ask how this is going to affect other countries outside the US?
I do not want to accept something that I do not really know how to handle because it doesn't really apply to my country.
Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to arbitration-opt-out@discord.com within 30 days of April 15, 2024 or when you first register your Discord account, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Discord also will not be bound by them.
Um this is not going to hold up in the Ontario Consumer Protection Tribunal due to this: Ontario's Consumer Protection Act, 2002 (“Consumer Protection Act”) prohibits mandatory arbitration clauses and class action waivers in consumer agreements.