Honey has in its terms of services that you accept not to take part in a class action lawsuit and favor arbitration.
It seems like these kind of clause is enforceable usually so I’m curious to see how Legal Eagle will navigate the issue.
Edit: Either the creators sue Honey and they will argue it is not illegal to poach affiliate links because they follow the “last click” rule that is standard (it’s just that they pushed it to the extreme).
Or its the users that are scammed because they were told the best coupon would be used. But if it’s the users, they are under the EULA and should have to comply with the no class action rule.
I’m not a lawyer but this is how I understand the setup for this trial to be.
Then it remains to be proven that it is illegal to poach affiliate links like that. Because Honey says they just follow strictly the “last click” rule that is common practice in the field.
It’s bullshit but if that bullshit rule is indeed the standard practice then it will be hard to fight.
Honey has in its terms of services that you accept not to take part in a class action lawsuit and favor arbitration. It seems like these kind of clause is enforceable usually so I’m curious to see how Legal Eagle will navigate the issue.
Edit: Either the creators sue Honey and they will argue it is not illegal to poach affiliate links because they follow the “last click” rule that is standard (it’s just that they pushed it to the extreme).
Or its the users that are scammed because they were told the best coupon would be used. But if it’s the users, they are under the EULA and should have to comply with the no class action rule.
I’m not a lawyer but this is how I understand the setup for this trial to be.
The class is people that use referral codes as an income source, so not the users that would have been subject to the terms of service.
In this case the class action would be youtubers and other content creators not users of Honey.
Then it remains to be proven that it is illegal to poach affiliate links like that. Because Honey says they just follow strictly the “last click” rule that is common practice in the field.
It’s bullshit but if that bullshit rule is indeed the standard practice then it will be hard to fight.
That’s kind of like a looter invoking the ‘finders keepers’ defense. Last click isn’t a law.
What if there is no law about who gets affiliate money?
That’s okay, because there is a law about interfering with someone else’s contracted agreement.
Youtubers who had their affiliate links hijacked aren’t subject to the EULA.
Exactly. The forced arbitration is for Honey users. These random people with affiliate links are not Honey users.
Unless they themselves were also Honey users, perhaps.