Pokemon Go players urged to take legal action following new TOS update
The Pokemon CompanyPokemon Go users are concerned about the mobile game’s new Terms of Service (TOS) update and if they should take legal action.
On May 8, Niantic updated Pokemon Go’s Terms of Services, and some players noticed a troubling distinction from the previous version.
The Dispute Resolution clause was changed to require arbitration in the event of a dispute, meaning that players will not be able to sue Niantic in court. Instead, all disputes will be resolved by one neutral arbiter in a simple proceeding.
Following the TOS update, knowledgeable players have simplified the legal terms for those unfamiliar with their meaning. Here’s why people are encouraging Pokemon Go users to opt out of arbitration.
The Pokemon CompanyPokemon Go trainers encourage others to read TOS carefully
Reddit user Logna9000 posted screenshots of the new TOS on the Pokemon Go subreddit. The images featured the Dispute Resolution and Arbitration of the Terms and Services update sections. The first screenshot depicted how players would waive their right to a jury if they agreed to the updated TOS.
Consequently, the poster urged players to complete an Arbitration Opt-out preserve their rights to settle any dispute in court. “Niantic is trying to take away your ability to hold them liable for anything that they may do, and this is the only way that they can be held accountable,” Logna9000 wrote.
To opt out of Arbitration, players need to send an email to the address highlighted in orange. Residents of the European Economic Area are exempt from the Arbitration Agreement.
Warlock_Btoen answered questions in the comment section about arbitration. “If you want to sue Niantic, you can’t,” the user simplified. “You’ll have to go through “arbitration,” which is where the company hires a “totally not biased” 3rd party to review the dispute & make a decision. All in all, this is a pretty stupid clause to put into a video game, but whatever.”
“I’m concerned with giving them permission to scan my phone, but I don’t know if they already did that and to what extent.,” cognitivetriad revealed. “I don’t remember what the old TOS was, but the new TOS is very invasive. I haven’t agreed and don’t know if I will continue to play.”
To read more about Niantic’s controversial decisions, check out our coverage of Pokemon Go.