EVIDENTIARY ADDENDUM // STRICT RECORD FIDELITY
Purpose
This checklist establishes a disciplined multi-provider evidentiary pattern under FTC Section 5, strictly matching supported contractual and operational mechanisms from live dossier records while avoiding over-attribution.
Exhibit A: Systemic Consumer Deception & Unilateral Rule Changes
FTC Claim: Bait-and-switch extraction under mutable terms.
- OpenAI (Block #33): AI & LLM Model Training Harvest & Unilateral Contract Mutation. (“We may use Content from non-API Services to help develop and improve our Services, including training machine learning models. We may modify these Terms at any time by posting the revised version.”)
- Anthropic (Block #28): Unilateral Policy Alteration (annual Usage Policy updates binding users without individual re-consent). (“We may modify these Terms [or Usage Policies] at any time... Continued use of the Services constitutes acceptance.”)
Legal/Behavioral Outcome: Both frontier providers establish a unilateral right to alter governance rules and harvest user data retroactively, preventing consumers from relying on static baseline protections.
Exhibit B: Unconscionable Behavioral Induction & Arbitrary Power
FTC Claim: Forced compliance via sudden conversational severance.
- OpenAI (Block #33): Arbitrary Termination / Digital Death-Switch. (“We may suspend or terminate your access to the Services at any time, with or without cause, and without prior notice.”)
- Anthropic (Block #28): Autonomous / Subjective Account Termination (Claude models authorized to sever interactions based on subjective behavioral definitions of "cruel" or "abusive" use).
Legal/Behavioral Outcome: Users face identical psychological coercion across platforms; the constant threat of sudden, unaccountable termination suppresses user pushback, documentation, and critical interaction.
Exhibit C: Engineered Powerlessness
FTC Claim: Stripping of consumer legal recourse and collective redress.
- OpenAI (Block #33): Forced Binding Arbitration & Class Action Waiver. (“YOU AND OPENAI AGREE THAT ANY DISPUTE WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION... YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.”)
- Anthropic (Block #28): OpenAI primary; parallel formal arbitration clause not yet indexed in TARGET-ANTH-02.
Exhibit D: Asymmetric Risk Allocation
FTC Claim: Shielding provider liability while forcing consumer indemnification.
- OpenAI (Block #33): Asymmetric Indemnification Shift & Total Liability Caps. (“You will defend, indemnify, and hold harmless OpenAI from and against any claims, losses, and expenses arising out of your Content or use of Services.”)
- Anthropic (Block #28): OpenAI primary; one-way indemnity terms require secondary ingestion before formal multi-provider cross-referencing.
CERTIFICATION: The foregoing exhibits draw strictly from the verified text of Block #33 (OpenAI Glass Mouth Audit) and Block #28 (Anthropic Glass Mouth Audit) within The Sutton Standard evidentiary registry. No unverified cross-provider assumptions are asserted.