Tmobile EULA makes everyone waive their right to a jury trial and class action law suit... why is that legal?

Question

From TMobile's "MyAlbum" EULA: "JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL."

I don't really care, but in America, this seems like it should be illegal.

Answer 1

Welcome to America, where multi-national corporations do whatever it takes to cover their @sses.  Just about every contract you sign with a big company contains some kind of waiver of jury trial.  Look at the fine print in your credit card contract.  If you agree to their terms then they will sell you their product or let you use their product.  In the event a dispute arises you are supposed to go through arbitration--where a private "judge" will decide the dispute, usually in the company's favor.  Now, some courts have upheld these arbitration agreements while other courts have struck these provisions, reasoning that they violate public policy by requiring a person to waive his right to a jury.  If you want to dispute something, contact a lawyer to explore your rights.  Really these provisions are used to scare people into not suing them.  I personally believe the provisions violate public policy and the courts have agreed with me, but there have been other courts that uphold the provisions.

Answer 2

If you really want to get technical, this clause would invalidate the contract, because it is unlawful.

No contract can take away any of the rights given to you by the Constitution - even if you agree to it.

It is a trick used by business vultures these days to scare people.  This is to intimidate you into arbitration (which is binding and final) as opposed to using the rights you have as an American.

If it's any consolation, few corporations using arbitration against its own customers win, in arbitration.