According to The Consumerist, up to very recently, Pokemon Go players signing the ToS have given up their right to file any sort of lawsuit against Niantic Labs for any reason. The clause strips away a user's right to file an individual lawsuit or to join a class action lawsuit under any circumstance. There is, however, good news in a way in that players can opt out of the prohibition by writing directly to the company.
The Go terms do include an opt-out provision for people who don’t want to give up their rights. However, you must opt out within 30 days of first agreeing to the Terms of Service.
Luckily, many Pokémon Go users have only downloaded and activated the app in the last week, meaning they are still within that timeframe.
To Opt Out: Send an email ASAP (before the 30 days have passed) to firstname.lastname@example.org with “Arbitration Opt-out Notice” in the subject line and a clear declaration that you are opting out of the arbitration clause in the Pokémon Go terms of service.
Read more at the link above.
What about you? Will you be writing to Niantic? Leave us your thoughts in the comments.