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.
