No, she is NOT 100% right.
Just because Verizon put a clause in the contract does not mean it is held in the court, it varies state to state. Just look at countless class action lawsuits agaist Verizon that Verizon has settled.
Imagine this: Wal-mart could put a sign on their door saying by entering the store you are agreeing to waive all claims of liability - doesn't mean it will stand one second in the court.
a liability waiver is not the same as a forum selection clause or class action waiver.but you are correct, i shouldn't have said "100% right"
nothing is ever 100%
However the US Supreme Court has held valid forum selection clauses in multiple decisions. Obviously facts are different in different cases...
explain it in one word?
thanks tho, I hadn't heard about this! good to know.
EDIT: also, a settlement is not a decision. maybe VZW thought it would be cheaper to settle than to go to trial. Just because there wasn't a summary judgement doesn't mean that the clause would have been found to be inoperative.
That's what I meant by "varies from state to state".
And do you think brining a class action lawsuit was not legal, verizon would just pay $10M and get some bad press just to save some lawyer time?
well its more than state to state, its jurisdiction to jurisdiction when you're talking federal. but yeah i agree i was wrong to say "100% right".
I should have said "from a strictly common law perspective, you are probably correct"
Also, I never said it wasn't legal. You can sue anyone for anything, whether it will stand is another matter. The case you linked settled, so we will never know. But good for them for giving VZW a black eye regardless