US courts are becoming more European.
A plaintiff triggered a lawsuit in Florida against the company behind Pokemon Go (Niantic Inc.) since its T&Cs were “illusory, deceptive, unfair, and/or unconscionable”.
Such privisions gave Niantic the right to unilatrally modify the agreement, to edit or delete one users’s data and similar nice stuff.
Well, the court denied protection to the plaintiff, because:
- he had not yet suffered a damage (good work on the prevention of it, anyway)
- the applicable law was the one from California, which could not be unapplied in Florida.