Arbitration clause: who is opting out?

[sylvius]

The order document includes a clause agreeing to arbitration for any disputes. My brother-in-law, who is an attorney, recommends I opt out. What are people's thoughts? Anyone opt out? Is there any chance that opting out would slow my delivery (would they prioritize orders that didn't opt out)?

There is a 30 day window from order date to decide so I have just over a week left to decide whether to mail them a letter opting out.

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[cvalue13]

opt out

signed: someone's lawyer (not yours)

 

[sylvius]

OK, that was a pleasantly definitive response, thanks. I'd love it if someone who already got their truck opted out so I could feel better that it wouldn't muck up my delivery timeline. I am still naively optimistic that trucks will make it to Pennsylvania before the tulips sprout.

 

[Jhodgesatmb]

The order document includes a clause agreeing to arbitration for any disputes. My brother-in-law, who is an attorney, recommends I opt out. What are people's thoughts? Anyone opt out? Is there any chance that opting out would slow my delivery (would they prioritize orders that didn't opt out)?

There is a 30 day window from order date to decide so I have just over a week left to decide whether to mail them a letter opting out.

I suspect that if you opt out they won’t sell you a car

 

[sylvius]

I suspect that if you opt out they won’t sell you a car

I hope that's not the case, but am going to mail them the notice anyway (certified with delivery verification). Will report back if all the 1/11 orders get trucks and I am left driving my old truck.

 

[XCeilidhX]

I’d be interested to know what happens if you attempt to opt out. My guess is also that when you choose to say no to arbitration they will say no to selling you a CT. But who knows? Test the waters and see what happens. You can always just ask.

 

[sylvius]

I’d be interested to know what happens if you attempt to opt out. My guess is also that when you choose to say no to arbitration they will say no to selling you a CT. But who knows? Test the waters and see what happens. You can always just ask.

The contract allows you to opt out so I am pretty confident they won't do something so brazen as to cancel the order because of exercising the rights allowed in the agreement. I am more worried that they won't cancel and also won't deliver any time soon. However, I kind of doubt they would bother. Or I want to hope that they wouldn't bother. Time will tell.

 

[hridge2020]

lawyer friend said --------

 

[Longranger]

It is just a (?conspiracy) theory but I am beginning to wonder if this arbitration clause and the buyback clause are Tesla putting out feelers about how they can tightly control profits from the future market of self driving vehicles.

 

[Jhodgesatmb]

I’d be interested to know what happens if you attempt to opt out. My guess is also that when you choose to say no to arbitration they will say no to selling you a CT. But who knows? Test the waters and see what happens. You can always just ask.

Even if they allow it they might slow things down a bunch. I wouldn't do it. After all, the very fact that you don't want to arbitrate is suggestive that you want to 'play' (or that you reserve the right to play, which is the same thing from a legal perspective). Arbitration doesn't eliminate your ability to express yourself or even to remedy.

 

[XCeilidhX]

Even if they allow it they might slow things down a bunch. I wouldn't do it. After all, the very fact that you don't want to arbitrate is suggestive that you want to 'play' (or that you reserve the right to play, which is the same thing from a legal perspective). Arbitration doesn't eliminate your ability to express yourself or even to remedy.

Statistically it protects the company from larger jury award payouts in open court which is the whole point.

If my CT incinerates me in a ball of fire due to a manufacturing defect i’d like to give my wife and children a chance to sue so they don’t lose their house and can still go to school, afford healthcare, dental insurance, and such. So i for one would like to preserve my right to a court trial if at all possible.

it’s not about playing. Its about not giving up rights. Yes, I have life insurance but we live in California so we’d be lucky if it covered the mortgage.

To each their own though.

cheers.

 

[mark555055c]

Life is too short, I am just going to go ahead and buy the truck and drive it, and love it. The end.

Did you guys "opt out" on clauses on the purchase of your previous ICE vehicles? How about on your last purchase of a dishwasher or a large dresser?

I love you guys, but please give me a break, LOL.

 

[Jhodgesatmb]

Playing is litigating here, and you are right 'to each his/her own'. Your wife and kids will not be the ones doing the suing unless they are lawyers, but I suspect that if you go up in a ball of flames that there will be others and then it becomes a class action. I do not know how arbitration works in class actions, but I think arbitration is only intended to check greed and not to stop compensation. In the end it isn't what I think as I only care about the original question about whether non signing the arbitration agreement will affect the order. And I do.

 

[Longranger]

Are arbitration agreements now commonplace for new vehicle purchases?

 

[Longranger]

For your info.

https://www.foolproofme.org/article...ory-binding-arbitration-limit-consumer-rights

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