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Wrongful death suit against Disney highlights concerns over digital agreements

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Alan Butler Executive Director and President | Official website

A wrongful death lawsuit against Disney has brought attention to the often-overlooked implications of clicking "I agree" on digital agreements. John Davisson, director of litigation at the Electronic Privacy Information Center, emphasized the challenges consumers face with these contracts.

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

Davisson advised that while it is difficult to provide actionable advice due to the lopsided nature of these agreements, consumers should support lawmakers and regulators who focus on these issues.

Historically, the Federal Trade Commission has backed disclosure terms that protect companies, despite their complexity for average consumers. However, Davisson noted a shift among policymakers and federal regulators in recognizing this problem.

“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 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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