‘They basically admitted they’re doing something bad’: McDonald’s customer discovers new Terms and Conditions ‘waive your right to a trial’
A McDonald’s customer is gone viral on TikTok after exposing a shocking clause in the new Terms and Conditions of the McDonald’s mobile app that reportedly requires users to waive their right to a trial in court, including their right to a jury trial, if they want to continue using the app.
TikTok user Artemis (@artemistalks) posted a video on Oct. 26 with himself greenscreened behind the app’s message that says “New Terms and Conditions.”
Part of the message reads: “These include a binding arbitration provision, and a waiver of your right to a trial in court, including your right to a jury trial.” It also says that by clicking “Continue,” the user agrees to a “legally binding contract.”
@artemistalks Anyone know what this means? ???? #artemistalks ♬ Cool modern chill out, 10 minutes(1001927) - 8.864
Artemis said he was suspicious of the message but hadn’t read the actual contract, which he characterized as “really, really, really long.” He also recalled a famous case from 1994, when a woman won nearly $2.9 million from McDonald’s after she suffered severe burns from spilling hot coffee on herself.
“So when I see this page, and it says I’m waiving my right to a trial in court, it makes me feel a bit weird, because McDonald’s is not known for its amazing policies and how they treat their customers,” Artemis remarked in the video.
The video has gone viral on TikTok, with over 962,800 views and over 2,000 comments. Many users expressed their outrage and disbelief at the clause, claiming that it was unfair or even illegal. In general, terms and conditions clauses are legal, although the company's ability to enforce certain terms may, in some cases, be challenged in court.
“They basically admitted they’re doing something bad that warrants legal action???” one user commented.
“Funny thing is, these things don’t even hold up in court because they violate so many laws,” a second user wrote.
Some also shared their own negative experiences with the app, with one writing, “I had 5k points on the app and they took them because I was at my ‘limit’ for points.”
Another user joked about the situation, saying that they accepted the terms without reading them and now they have to do a “trial by combat.”
“Just deleted the app. I’m not accepting that,” one more declared.
The Daily Dot reached out to Artemis via TikTok comment and to McDonald's via press email.
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