Originally Posted by minusonebit

Thats an affirmative defense that THEY would have to assert in Court. In order to do so, they would need to show up here personally or send a lawyer. You tell me who the winner would be. Me, who spent $200 and a weekend preparing and filing a complaint, or them, who spent at least a couple of grand to fly in one or two employees to represent the company here or they could hire counsel which would hand them a legal bill for at least $10K just for answering the complaint and dealing with all the housekeeping stuff and MY motions for injuctions and restraining orders before it even got to a motions hearing on thier jursdiction issue...

And the court still may not recognize it anyway, the Courts have held that consumer protection laws apply to all companies who do business in the United States and I doubt the Court would voltuntarily release the case to an international country when the violation took place in the US, the victium is a US citizen and the action is in a US court. And the country in question has no substantial equivent consumer privacy laws.

But anything is possible. I'd be willing to spend a couple hundred bucks to find out. I read the agreement, a company can put whatever the want in thier TOS. But what counts is what the Court holds as valid and binding.