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Over the past few years, mass arbitrations have become an imperfect way for consumers to get relief where there is an arbitration provision with a class action waiver.

Unfortunately, you'll see in the Hulu agreement (as well as in other standard user agreements, e.g. DoorDash), that companies (and their lawyers) have gotten creative in figuring out ways to avoid even mass arbitrations.

In the case of Hulu, you cannot even file an arbitration until you: (1) send a written notice of dispute; and (2) have an individual one-on-one call or teleconference. You can hire a lawyer, but you have to personally participate in the teleconference.

What is the point of this? The CEO of Hulu doesn't have to participate. They'll just send some rando in-house counsel or paralegal. The only purpose here is to make it as painful as possible to file a claim.



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