What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'legal@docusign.com', 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Opting out of arbitration within 30 days also removes the class action waiver. Send written notice via email within 30 days of accepting the terms, stating your name, account email, and intent to opt out.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority to investigate class action waivers in consumer contracts as potentially unfair or deceptive practices under Section 5 of the FTC Act.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': 'State attorneys general have authority to challenge class action waivers under state consumer protection statutes, particularly in California under the CLRA.', 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Class Action Waiver clauses across approximately 60 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Class Action Waiver — DocuSign

Share 𝕏 Share in Share 🔒 PDF

What it is

You cannot join or lead a class action lawsuit against Docusign — any legal claim must be brought individually, making it financially impractical to pursue small-value claims.

Consumer impact (what this means for users)

This clause effectively immunizes Docusign from collective legal action by users, meaning that if Docusign causes widespread harm — such as a data breach or systematic billing error — each user must pursue their individual claim separately, which is rarely financially viable.

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
Opting out of arbitration within 30 days also removes the class action waiver. Send written notice via email within 30 days of accepting the terms, stating your name, account email, and intent to opt out.

Cross-platform context

See how other platforms handle Class Action Waiver and similar clauses.

Compare across platforms →

Need full compliance memos? See Professional →

Why it matters (compliance & risk perspective)

Class action waivers prevent consumers from pooling resources to challenge corporate misconduct at scale, which is often the only economically viable way to pursue small individual claims.

View original clause language

YOU AND DOCUSIGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Institutional analysis (Compliance & legal intelligence)

1) REGULATORY FRAMEWORK: Class action waivers in consumer contracts are scrutinized under the FAA (9 U.S.C. §1 et seq.) and state consumer protection statutes. The CFPB's 2017 arbitration rule (12 C.F.R. Part 1040, subsequently vacated) would have restricted such waivers in financial product agreements. California's Consumers Legal Remedies Act (CLRA) provides additional constraints, and the McGill Rule (McGill v. Citibank) may limit enforceability where public injunctive relief is at stake. 2)

🔒

Compliance intelligence locked

Regulatory citations, enforcement risk, and due diligence action items.

Watcher $9.99/mo Professional $149/mo

Watcher: regulatory citations. Professional: full compliance memo.

Applicable agencies

FTC

The FTC has authority to investigate class action waivers in consumer contracts as potentially unfair or deceptive practices under Section 5 of the FTC Act.
File a complaint →
State AG

State attorneys general have authority to challenge class action waivers under state consumer protection statutes, particularly in California under the CLRA.
File a complaint →

Provision details

Document information

Document

DocuSign Terms and Conditions

Entity

DocuSign

Document last updated

April 29, 2026

Tracking information

First tracked

April 27, 2026

Last verified

April 27, 2026

Record ID

CA-P-003527

Document ID

CA-D-00197

Evidence Provenance

Source URL

https://www.docusign.com/company/terms-and-conditions

Wayback Machine

View archived versions →

SHA-256

89c1b94cc9747df4e892bbc39b281464db8f360101bb48d9f68e1e0abad007c6

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: DocuSign | Document: DocuSign Terms and Conditions | Record: CA-P-003527
Captured: 2026-04-27 14:12:49 UTC | SHA-256: 89c1b94cc9747df4…
URL: https://conductatlas.com/platform/docusign/docusign-terms-and-conditions/class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Class Action Waiver