This analysis describes what Affirm's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Requiring individual-only arbitration prevents users from joining together to pursue collective claims, which can significantly limit the practical ability to challenge Affirm's practices.
Interpretive note: The excerpt is truncated with ellipsis, suggesting additional provisions regarding joinder or consolidation that are not fully captured in the canonical claim.
The reader cannot participate in class, consolidated, or representative arbitration against Affirm; any dispute must be arbitrated individually.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"You and Affirm each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated...Excerpt from Affirm's Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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Requiring individual-only arbitration prevents users from joining together to pursue collective claims, which can significantly limit the practical ability to challenge Affirm's practices.
The reader cannot participate in class, consolidated, or representative arbitration against Affirm; any dispute must be arbitrated individually.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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