If you have a legal dispute with Docusign, you must resolve it through private arbitration rather than going to court, with limited exceptions for small claims and intellectual property matters.
Consumer impact (what this means for users)
This clause strips users of their right to sue Docusign in court for most disputes, forcing them into a private arbitration process that is statistically less favorable to consumers and removes the right to a public trial.
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
Within 30 days of first accepting Docusign's Terms, send a written notice to Docusign's legal team stating your name, account email, and that you are opting out of the mandatory arbitration provision. Keep a copy of the email as proof of timely submission.
Cross-platform context
See how other platforms handle Mandatory Arbitration Clause and similar clauses.
Mandatory arbitration removes your right to have a judge or jury hear your case, typically favors large corporations, and arbitration proceedings are private — reducing transparency and accountability.
View original clause language
You and Docusign agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, 'Disputes') will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
1) REGULATORY FRAMEWORK: This provision implicates the Federal Arbitration Act (FAA, 9 U.S.C. §1 et seq.), which governs enforceability of arbitration agreements. The Consumer Financial Protection Bureau (CFPB) has historically scrutinized mandatory arbitration clauses under its rulemaking authority (12 U.S.C. §5518), though its 2017 rule was vacated by Congress. The FTC Act Section 5 may apply if the clause is deemed unfair or deceptive. California courts have imposed constraints under the McGill Rule (McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)) on waiving public injunctive relief in arbitration.
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Applicable agencies
FTC
The FTC has authority under Section 5 of the FTC Act to challenge mandatory arbitration clauses in consumer contracts as unfair or deceptive practices.
State attorneys general, particularly in California, have authority to challenge mandatory arbitration clauses under state consumer protection laws including CLRA and the McGill Rule.