[dbot]

Getting in front a jury means surviving summary judgment. A good contract is designed to allow any disputes be resolved at the summary judgment stage.

It's been a while since I've looked at the enforceability of clickwrap class-action waivers, but it's either enforceable or not as a matter of law. No factual issues in dispute = no jury required.

[rebootthesystem]

I could very easily argue they are fraudulent. The technology has existed for years to ensure that people agree to such important matters as giving up all your rights. Of course they don't want to put that in front of people because they'd have massive push-back. Imagine an interactive EULA being presented to a user clause-by-clause with clear large print and a clause-by-clause agreement button.

I'd be surprised if these things could survive a well mounted legal challenge purely based on common sense. The intention of these companies is to take it all from the user and have exactly zero responsibility and exposure. Way too one-sided for companies that affect hundreds of millions of people, particularly if they claim not to do evil.

If public shaming won't do it maybe government intervention will.