Current Events > New 'Terms & Conditions' causing many to delete McDonald's app

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brestugo
10/30/23 11:31:53 AM
#1:


https://www.mashed.com/1432093/mcdonalds-new-app-terms-conditions-reactions/?zsource=yahoo

Practically everyone has clicked "agree" on terms and conditions they didn't read through. Unfortunately, the latest terms and conditions for using the McDonald's app contain many customer-affecting changes: updates to McDonald's liability in cases of injury, third-party errors, and app malfunction; waivers for a customer's right to a jury trial or class action lawsuit; and an agreement to solve disputes through a strict arbitration process.

Essentially, the new terms state that, if a customer tries to sue over hot coffee, for example, they can't take their case to trial. Rather, as laid out in McDonald's 12-step outline, the customer must notify the company of their intent to seek arbitration, meet with the company to discuss the problem, and only then have an arbitrator enter the equation.

As you can imagine, this process eliminates decision-making by a dozen jurors, instead giving a single arbitrator discretion in deciding the outcome. The very nature of the arbitration process makes class action nearly impossible, meaning each customer has to file their own dispute with McDonald's.

All that said, perhaps the most controversial piece of these updates is that there's no way to opt out of accepting the new terms and conditions -- no box to check saying you disagree. The only choices? Agree or delete the app.

Understandably, McDonald's customers have been very vocal about the new terms and conditions online, with many saying they're choosing to delete the app rather than sign their legal rights away.

Several people pointed out that McDonald's has been pushing its app more frequently in recent months, particularly through app-only offers like free fries on Fridays. At the same time, one TikTok user commented that the terms and conditions include a great deal of legal jargon that the "typical fast food patron [can't] read," much less understand. Similarly, a Reddit user noted that these terms are intended to stack the deck against anyone who tries to sue McDonald's.

Customers questioned whether or not the terms and conditions are actually legally binding, given that the agreement does not require a signature or date. Unfortunately, if McDonald's has laid out all necessary information and provided app users with the ability to agree or disagree (the latter requiring customers to jump through hoops to delete their account and the app itself), the terms and conditions are assumedly enforceable by law in most states.

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MatzoTov
10/30/23 11:36:18 AM
#2:


Not a good precedent to set.

T&Cs are always a black box of "we can do whatever the fuck we want and you agreed to it." Seeing this on a McDonalds app worries me from the precedent perspective - safe to assume every app from Android Auto down to Zaxby's will start putting stuff like this in to protect themselves. And other apps are going to have a lot more things to sue over compared to hot coffee.

Which sucks because their app is the only way to get tolerable pricing from McDonalds anymore.

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Chicken
10/30/23 11:37:45 AM
#3:


Some people on tiktok are also claiming that the app consistently fails to load when you're in range of the restaurant too, so you can't claim the deals, but when they open the app at home there's no issues. They know if you're already in the parking lot you're probably gonna order regardless.

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Solid_Sonic
10/30/23 11:38:53 AM
#4:


I had a lot of consternation when I saw those terms the last time I used the app. I eventually conceded because I couldn't contrive a situation where I would want to litigate against them based on my usage of the app but it is a pretty drastic demand for an app to make, no question.

I felt like my major recourse here is that it only applies to interactions with the app and not any business I might do in-store. If something happens there that needs litigation so long as I didn't use their app to initiate the business transaction I should be able to dispute it through some other legal channel (at least such is my hope).

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brestugo
10/30/23 11:38:57 AM
#5:


MatzoTov posted...
Not a good precedent to set.

T&Cs are always a black box of "we can do whatever the fuck we want and you agreed to it." Seeing this on a McDonalds app worries me from the precedent perspective - safe to assume every app from Android Auto down to Zaxby's will start putting stuff like this in to protect themselves. And other apps are going to have a lot more things to sue over compared to hot coffee.

Which sucks because their app is the only way to get tolerable pricing from McDonalds anymore.

And there's a chance of a new T&C every update.

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brestugo
10/30/23 11:59:51 AM
#6:


Chicken posted...
Some people on tiktok are also claiming that the app consistently fails to load when you're in range of the restaurant too, so you can't claim the deals, but when they open the app at home there's no issues. They know if you're already in the parking lot you're probably gonna order regardless.

It's pretty common for apps to "access" your location.

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Plumeofdusk
10/30/23 12:02:20 PM
#7:


You gotta accept it if you want those free fries on friday though :v
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SwayM
10/30/23 12:04:07 PM
#8:


brestugo posted...
It's pretty common for apps to "access" your location.

Is it common for apps to brick themselves on purpose so that you can't take advantage of the coupons and discounts when you're in range of the building?

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#9
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brestugo
10/30/23 12:10:04 PM
#10:


SwayM posted...
Is it common for apps to brick themselves on purpose so that you can't take advantage of the coupons and discounts when you're in range of the building?

Wouldn't know that, but if the app knows where you are, I also wouldn't say someone (at the programmer level?) wouldn't try to intentionally do something like that.

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brestugo
10/30/23 6:49:23 PM
#11:


Solid_Sonic posted...
I had a lot of consternation when I saw those terms the last time I used the app. I eventually conceded because I couldn't contrive a situation where I would want to litigate against them based on my usage of the app but it is a pretty drastic demand for an app to make, no question.

I felt like my major recourse here is that it only applies to interactions with the app and not any business I might do in-store. If something happens there that needs litigation so long as I didn't use their app to initiate the business transaction I should be able to dispute it through some other legal channel (at least such is my hope).

We'll see what happens.

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fire_bolt
10/30/23 6:58:03 PM
#12:


MatzoTov posted...
Which sucks because their app is the only way to get tolerable pricing from McDonalds anymore.


There is a simple solution to this: Quit fucking shopping at places that are being blatantly grossly anti-consumer. If everyone in the world deleted the McDonald's app over this and stopped shopping there, McDonald's would be forced to pursue a more traditional marketing path instead of trying to force users to use their app. Unfortunately the offer of "free fries Friday" or what the fuck ever is too much temptation for the average person. In exchange for pennies on the transaction McDonald's gets to streamline their ordering, reduce the number of cashiers they need, and protect themselves from liability in one fell swoop. Anyone pitching a fit about self checkout should be far, far more upset by the trend towards app-based sales.

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Thermador446
10/30/23 7:10:28 PM
#13:


So they 'netflixed' it into the contract.

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Alchemist_Emil
10/30/23 7:12:55 PM
#14:


More people should learn to cook at home

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harley2280
10/30/23 7:15:13 PM
#15:


fire_bolt posted...
There is a simple solution to this: Quit fucking shopping at places that are being blatantly grossly anti-consumer. If everyone in the world deleted the McDonald's app over this and stopped shopping there, McDonald's would be forced to pursue a more traditional marketing path instead of trying to force users to use their app. Unfortunately the offer of "free fries Friday" or what the fuck ever is too much temptation for the average person. In exchange for pennies on the transaction McDonald's gets to streamline their ordering, reduce the number of cashiers they need, and protect themselves from liability in one fell swoop. Anyone pitching a fit about self checkout should be far, far more upset by the trend towards app-based sales.
Imagine having a melty over a fast food place having an app.

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Forty_Niners
10/30/23 7:16:00 PM
#16:


I don't think this would fly in court.

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Irony
10/30/23 7:16:23 PM
#17:


Terms and conditions usually get swatted down in court.

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fire_bolt
10/30/23 7:17:26 PM
#18:


harley2280 posted...

Imagine having a melty over a fast food place having an app.


Imagine being a shill for fucking McDonald's of all people

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legendary_zell
10/30/23 7:18:02 PM
#19:


Our law on contracts and terms and conditions has gotten absolutely absurd. It's now acceptable to waive your constitutional right to jury trial in order to get your tendies for a slight discount. All allegedly to facilitate business transactions going 0.00001 percent faster.

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whitelytning
10/30/23 7:19:35 PM
#20:


Irony posted...
Terms and conditions usually get swatted down in court.

Not really.

So many jokes to be made about this thread.

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thronedfire2
10/30/23 7:20:04 PM
#21:


MatzoTov posted...
Not a good precedent to set.

T&Cs are always a black box of "we can do whatever the fuck we want and you agreed to it." Seeing this on a McDonalds app worries me from the precedent perspective - safe to assume every app from Android Auto down to Zaxby's will start putting stuff like this in to protect themselves. And other apps are going to have a lot more things to sue over compared to hot coffee.

Which sucks because their app is the only way to get tolerable pricing from McDonalds anymore.

it's already safe to assume every corp is doing stuff like this

that's why you should actually read those agreements. most people who only own digital games didn't even realize they don't own those until it started getting talked about all over the internet

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Rika_Furude
10/30/23 7:24:01 PM
#22:


A terms and conditions doesnt protect McDonalds from lawsuits if they broke the law though. Theres no contract that signs actually signs away someone right to sue McDonalds
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ForsakenHermit
10/30/23 7:24:07 PM
#23:


I'm hatin it.

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ANort175
10/30/23 7:27:28 PM
#24:


Yeah lets see how this actually holds up in court, real life isn't like that South Park episode where Tim Cook turns Kyle into a human centipede because he agreed to it in their T&C.

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itachi15243
10/30/23 7:27:41 PM
#25:


Rika_Furude posted...
A terms and conditions doesnt protect McDonalds from lawsuits if they broke the law though. Theres no contract that signs actually signs away someone right to sue McDonalds

It would probably depend on an individual basis.

Still though, it's something their lawyers could bring up in court to make you not wanna sue them. Or waste your time until you give up anyways.

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Punished_Blinx
10/30/23 7:30:13 PM
#26:


I don't get what that would accomplish.

"McDonald's aren't liable for giving this customer severe burns because she ordered from our app" doesn't really make any sense.

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wackyteen
10/30/23 7:31:24 PM
#27:


This sounds familiar, like they aren't the first app/site to add just this into their T&Cs

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Rika_Furude
10/30/23 7:42:40 PM
#28:


itachi15243 posted...
It would probably depend on an individual basis.

Still though, it's something their lawyers could bring up in court to make you not wanna sue them. Or waste your time until you give up anyways.
it should be illegal to add clauses like that into the T&Cs anyway when they are so blatantly false / lies.
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ExtremeLuchador
10/30/23 7:52:29 PM
#29:


It's like when your employer makes you sign a paper waiving your right to overtime. It doesn't mean it's legal.

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Trumpo
10/30/23 7:54:05 PM
#30:


Delete all these stupid apps

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itachi15243
10/30/23 7:54:11 PM
#31:


Rika_Furude posted...
it should be illegal to add clauses like that into the T&Cs anyway when they are so blatantly false / lies.

Yeah, it definitely should be.

America is stupid about this stuff though. It'll probably take some sort of incident involving one for any significant laws to be passed.

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xlr_big-coop
10/30/23 7:58:17 PM
#32:


While I always thought it was stupid for them to get sued over clearly hot items, this is a very underhanded and cowardly way to strip rights of consumers. Never liked the place so with this I'll visit even less.

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DrizztLink
10/30/23 7:59:29 PM
#33:


xlr_big-coop posted...
While I always thought it was stupid for them to get sued over clearly hot items
The woman got third degree burns.

Her labia fused to her fucking thigh.

"Tell me you don't know anything about the McDonald's coffee case without using those words."

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UnholyMudcrab
10/30/23 8:03:53 PM
#34:


You can take a company to court over this kind of thing, but a company like McDonald's can just bury you in enough legal fees that the process isn't worth it anymore.

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Irony
10/30/23 8:04:37 PM
#35:


UnholyMudcrab posted...
You can take a company to court over this kind of thing, but a company like McDonald's can just bury you in enough legal fees that the process isn't worth it anymore.
McDonald's has a history of this not being the case

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MrToothHasYou
10/30/23 8:06:23 PM
#36:


How long til they (fast food places in general, not just McDonalds) start adding versions of those terms and conditions to the ordering kiosks in the stores themselves?

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UnholyMudcrab
10/30/23 8:08:55 PM
#37:


Irony posted...
McDonald's has a history of this not being the case
I don't mean for tort, that's just a given. I mean for unconscionability of the contract itself.

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HylianFox
10/30/23 8:14:36 PM
#38:


Ordering fast food via app is so dumb, just go get it yourself you lazy asshole

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Serious_Cat
10/30/23 8:16:01 PM
#39:


HylianFox posted...
Ordering fast food via app is so dumb, just go get it yourself you lazy asshole
You do go get it yourself. It's not a delivery service.

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Irony
10/30/23 8:17:20 PM
#40:


HylianFox posted...
Ordering fast food via app is so dumb, just go get it yourself you lazy asshole
You do get it yourself. You seem to think it's Door Dash

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ExtremeLuchador
10/30/23 8:18:49 PM
#41:


You end up spending way more at McDonald's, Burger King etc. if you refuse to use the apps.

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Payzmaykr
10/30/23 8:22:12 PM
#42:


This shouldnt be legal. I never liked that big corporations were allowed you cant sue us clauses. There was a poster here (maybe a year or two ago) who was in a car crash as the passenger in an Uber/Lyft car. It was completely his drivers fault and the company had a clause saying that he could only sue them for a max of like $50k. I dont know, maybe if you hire a lawyer they can sidestep that.
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FarmIcon
10/30/23 8:47:41 PM
#43:


harley2280 posted...
Imagine having a melty over a fast food place having an app.
I remember a time where you went up to the counter and they took your order. Shocker....
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Axiom
10/30/23 9:32:09 PM
#44:


The day I get a dedicated app for food is the day I go on a diet
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#45
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ExtremeLuchador
10/30/23 9:44:28 PM
#46:


Payzmaykr posted...
This shouldnt be legal. I never liked that big corporations were allowed you cant sue us clauses. There was a poster here (maybe a year or two ago) who was in a car crash as the passenger in an Uber/Lyft car. It was completely his drivers fault and the company had a clause saying that he could only sue them for a max of like $50k. I dont know, maybe if you hire a lawyer they can sidestep that.

I personally know someone who got hit by a driver driving for Uber. Their settlement was like half that.

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MatzoTov
10/31/23 10:09:35 AM
#47:


Payzmaykr posted...
This shouldnt be legal. I never liked that big corporations were allowed you cant sue us clauses. There was a poster here (maybe a year or two ago) who was in a car crash as the passenger in an Uber/Lyft car. It was completely his drivers fault and the company had a clause saying that he could only sue them for a max of like $50k. I dont know, maybe if you hire a lawyer they can sidestep that.
Not knowing the full story, they absolutely should've lawyered up if they didn't.

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Unsuprised_Pika
10/31/23 10:17:34 AM
#48:


It should be a life in prison offense to make using basic services of your business waive basic rights. We need brutal punishments for corporate scumbaggery that hit both the company and its leadership hard.

The Supreme court should take a case relating to this, print out the terms and all 9 of them take their pants off and piss on the terms and conditions as their official opinion on the legality of this shit.

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PeteyParker
10/31/23 10:25:05 AM
#49:


[LFAQs-redacted-quote]


Yeah I had to redo my order one time at the store because the app crashed on my way there and didnt save my order and the deals loaded fine still.

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Plumeofdusk
10/31/23 10:28:24 AM
#50:


They're doing a $2 big mac or 10 piece nug today!! :v
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