You agree to resolve any legal disputes with Audible through private arbitration, not in court, and you cannot join a class action lawsuit against Audible.
Consumer impact (what this means for users)
This provision strips users of their right to a jury trial and class action participation for any disputes with Audible, meaning if Audible wrongfully charges you or removes content, your only recourse is private arbitration on an individual basis.
What you can do
⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
Opt Out of Arbitration
Within 30 days
Send a written letter to Audible's registered agent at Corporation Service Company, 80 State Street, Albany, NY 12207 requesting arbitration opt-out and identifying your account. This must be done within 30 days of creating your Audible account.
Cross-platform context
See how other platforms handle Mandatory Arbitration and Class Action Waiver and similar clauses.
This clause removes your right to sue Audible in court and prevents you from joining with other consumers in a class action — which is often the only practical way to pursue small individual claims.
View original clause language
Any dispute or claim relating in any way to your use of any Audible Service, or to any products or services sold or distributed by Audible or through audible.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 80 State Street, Albany, NY 12207. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
REGULATORY FRAMEWORK: This provision implicates the Federal Arbitration Act (9 U.S.C. §1 et seq.), which governs enforceability of arbitration agreements. State-level consumer protection statutes including the California Consumer Legal Remedies Act (CLRA, Cal. Civ. Code §1750) and the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1) may limit enforceability. The McGill v. Citibank, N.A. (2017) California Supreme Court ruling restricts waiver of public injunctive relief and is directly relevant given Audible's operations and user base. Enforcement authority includes state Attorneys General and the FTC.
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Regulatory citations, enforcement risk, and due diligence action items.
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Applicable agencies
FTC
The FTC has enforcement authority over unfair or deceptive practices in consumer contracts including mandatory arbitration clauses under FTC Act Section 5.
State Attorneys General in California and New Jersey have authority to challenge mandatory arbitration and class action waiver clauses under state consumer protection statutes.