@ganymede said in Real World Peeves, Disgruntlement, and Irks.:
@auspice
That person is a non-lawyer, and it shows.
As Derp mentioned, the person is referring to what lawyers call an "adhesion contract." A contract of adhesion is one where there has been no meaningful negotiation or opportunity to refuse the terms. The problem with raising it as a defense is that the terms at issue must be considered "unconscionable," and there has to be some evidence that the party challenging the terms did not have a meaningful opportunity to negotiate.
Convincing a court to not enforce a term in an adhesion contract is an uphill climb. If you executed the contract, the presumption is that you agreed to all of its terms. The party challenging the terms bears the burden of proving that the terms are objectively "unconscionable."
Good luck with that.
No sane, practicing lawyer dives in with that defense at the fore. Those that do will get blown out of the water. In the context of lending, that kind of defense hardly ever works, and a bank has a legal team that will take a claimant to the mat every damn day.
This is largely what I felt.
Mostly I just wanted to see if I was right in thinking it.
I get these sorts of emails all the time. Just not usually to this extent. Usually it's either a threat to get a lawyer, or a (badly written) threat that they are a lawyer. "I never agreed to these terms!"
Yes. You did. By signing up. Like any other website. You ticky the box, you agree. We list the prices three times on the second to last page. I gladly provide screenshots upon request!
The worst part is? This is generally over $45. Because the site is a $19.99 for the first month offer, so people ignore that (despite it being on the front page, on the page detailing the package, and then again on that page where it's displayed three times)... and then they get that first monthly charge of $45, they flip out and accuse us of being a scam.
Then out comes the 'I never agreed to the terms!' 'I'm getting a lawyer!'
Over $45.
We've also had people threaten to get the cops involved.
My favorite however, my favorite is when they threaten to contact the Attorney General.
For those I always want to ask if they actually understand what the Attorney General is.