eBay's terms are governed by Utah law, and any court disputes that are not sent to arbitration must be filed in Utah — not in your home state.
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
Requiring disputes to be resolved under Utah law and in Utah courts adds practical cost and difficulty for users who live outside Utah and have court-eligible claims, which effectively discourages litigation.
Interpretive note: Enforceability of the Utah governing law and forum selection clause against consumers in other states or countries varies by jurisdiction and may depend on whether a court finds the clause unconscionable or contrary to mandatory consumer protection law.
The updated User Agreement incorporates additional policies and terms that were previously referenced separately, making them contractually binding conditions of service use. The agreement now explicitly states that continued use constitutes acceptance of all incorporated policies and additional terms posted on eBay's sites and applications. The updated language emphasizes that disputes are resolved through binding arbitration unless the user opts out according to section 19.B.9, and contains a waiver of class action rights. You can review which eBay entity contracts with you based on your jurisdiction (eBay Inc. for US, eBay UK Limited for UK, eBay GmbH for EU, and others listed) and locate the opt-out mechanism for arbitration in section 19.B.9 of the full agreement.
View change record →If you have a dispute with eBay that qualifies for court rather than arbitration (such as a small claims case), you may be required to pursue it under Utah law in Utah courts, which could be impractical if you live elsewhere.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These terms and any claims or disputes arising therefrom are governed by the laws of the State of Utah, without giving effect to any conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the federal or state courts of Salt Lake County, Utah.Excerpt from eBay's User Agreement
REGULATORY LANDSCAPE: Governing law and forum selection clauses in consumer contracts engage state consumer protection laws in users' home states, which may provide stronger protections than Utah law and may not be waivable by contract.
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Requiring disputes to be resolved under Utah law and in Utah courts adds practical cost and difficulty for users who live outside Utah and have court-eligible claims, which effectively discourages litigation.
If you have a dispute with eBay that qualifies for court rather than arbitration (such as a small claims case), you may be required to pursue it under Utah law in Utah courts, which could be impractical if you live elsewhere.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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