I am in South Central Pennsylvania, I just got the same email at 04:55. It seems pretty standard as it applies to dispute settlement, in short if you have an issue that requires court action it will no longer be handled by a jury trial but is now a matter for small claims court. I guess that's all well and good depending on the dollar amount your state considers a 'small' claims matter. If an installer falls through your ceiling and destroys your priceless Ming Vase collection, as unlikely as it may be is that still a 'small' claims court issue? I hate stuff they send like this, lets assume we all didn't go to law school for a second and phrase it in the common mans tongue.
Since this notice to opt out is not clearly stated on a monthly billing statement, either electronic or otherwise, there is no expectation of receipt, such as in the expectation of a billing statement and which is furnished regularly once every 30 days.
I don't recall that I was previously bound, by the previous agreement or prior monthly statement, that I actively maintain an email address for the future separate express notification purposes outside of those of a billing statement from Dish, and/or even check said email address once every 30 days looking for separate legal notices from Dish to opt out of. Further if there was an expectation of said separate notice's arrival it was not previously disclosed on my previous monthly billing statement.
"Due notice" should be at least minimally disclosed on a monthly billing statement even in summary, therefore until such time that this same notice is stated on a monthly billing statement where there is a reasonable expectation of receipt the burden to prove that the notice was even given would be on Dish.
Dish thinks hey, we don't like being sued by someone and having it turn into a big class action suit where we end up paying millions. So we'll make subscribers give away their rights by changing their user agreement to say they waive their right to participate in any class action suits. Now each one of our subscribers has to file individually.And almost no-one is going to do that. But just in case, we'll make sure they also agree to do arbitration instead of a law suit.This is great for Dish. Now we can't sue them. And if they really screw up, only a handful of people are going to bother with going into arbitration.
Bonus, we'll email the change and anyone smart enough to figure out what we are doing has to send a form back to opt out. So only a very few of our existing customers will actually do that. We're going to save millions.