When someone cheats and swindles you, you don't win by cheating and swindling them more. Even if you succeed, now the world is just that more swindle-y than it was the day before, and swindling has become a way of life.
The correct and only solution is for Congress to define what constitutes someone agreeing to a contract, and penalizing anyone who even raises the notion in a court of law that you have agreed to something without having performed that statutory gesture.
First, agreements can't be made unless both parties are present. If they don't bother to send a representative to you with a piece of paper, not an agreement. If they don't get your signature on the paper (or some legislatively defined equivalent), not an agreement. If they've attempted to hide or cheat or confuse, such that it's not apparent, nothing has been agreed.
This would get rid of much of the bullshit we have today with EULAs, binding arbitration horseshit, and all the other chicanery. Have Congress make it a law.
The correct and only solution is for Congress to define what constitutes someone agreeing to a contract, and penalizing anyone who even raises the notion in a court of law that you have agreed to something without having performed that statutory gesture.
First, agreements can't be made unless both parties are present. If they don't bother to send a representative to you with a piece of paper, not an agreement. If they don't get your signature on the paper (or some legislatively defined equivalent), not an agreement. If they've attempted to hide or cheat or confuse, such that it's not apparent, nothing has been agreed.
This would get rid of much of the bullshit we have today with EULAs, binding arbitration horseshit, and all the other chicanery. Have Congress make it a law.