Provision record
eBay · eBay User Agreement · View original document ↗

Class action waiver enforceability decided by court not arbitrator

Common · 196 of 343 platforms
Stay ahead of the changes
Track eBay and hear on the next check after its terms change. We check daily where we can, and show you where we can't.
Share 𝕏 Share in Share 🔒 PDF
ⓘ

This analysis describes what eBay'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

Recent Activity

This document changed recently

High May 27, 2026

The updated terms establish mandatory arbitration for all disputes unless users opt out in accordance with section 19.B.9. Under the revised agreement, users waive the right to pursue claims in court or before a jury, and may only pursue claims on an individual basis, not as part of a class action. The agreement also expands eBay's authority to limit, suspend, or terminate accounts in its sole discretion if it believes users are violating the terms or abusing the platform. You can opt out of arbitration by following the procedure described in section 19.B.9.

View change record →

How other platforms handle this

Anyscale

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...

Target

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...

Kling AI

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 ...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
all Disputes regarding Section 19.B.3 ("Waiver of Class and Other Non-Individualized Relief")...shall be decided by a court of competent jurisdiction and not by an arbitrator

Excerpt from eBay's User Agreement

Provision details

Document information
Document
eBay User Agreement
Entity
eBay
Tracking information
First captured by ConductAtlas
March 19, 2026
Text quoted from version
CA-V-006699, captured Sept. 11, 2026
Record ID
CA-P-035293
Document ID
CA-D-000255
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006699)
8916274fda0c448ea5858400813158507b2388cc61ae2748893dbbe752105bf7
Analysis generated
May 21, 2026 03:03 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-006699, captured Sept. 11, 2026 (checked Oct. 5, 2026)
Not the current version. The document's current version is CA-V-007662, captured Oct. 17, 2026; this clause has not been re-checked against it.
Citation Record
Entity: eBay
Document: eBay User Agreement
Record ID: CA-P-035293
Version: CA-V-006699
Captured: 2026-09-11 00:42:07 UTC
SHA-256: 8916274fda0c448e…
URL: https://conductatlas.com/platform/ebay/ebay-user-agreement/provision/CA-P-035293/class-action-waiver-enforceability-decided-by-court-not-arbitrator/
Accessed: Oct. 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

Other risks in this policy

Related Analysis

Get the weekly coverage letter

Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.

Frequently Asked Questions

What does eBay's Class action waiver enforceability decided by court not arbitrator clause do?

The clause states: “all Disputes regarding Section 19.B.3 ("Waiver of Class and Other Non-Individualized Relief")...shall be decided by a court of competent jurisdiction and not by an arbitrator”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.

Is ConductAtlas affiliated with eBay?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by eBay.