“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...”
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.
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if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
13.4 If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section ...
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
"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 196 platforms. See the full comparison.
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