eBay · eBay User Agreement · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity High confidence Explicitdocumentlanguage Common · 131 of 343 platforms
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Recent governance activity eBay recorded 2 documented changes in the last 30 days.
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Document Record

What it is

The agreement requires US users to resolve most disputes against eBay or related third parties through binding individual arbitration rather than court proceedings, and prohibits participation as a plaintiff or class member in any class or representative action. Users who do not opt out within 30 days waive the right to jury trial and class proceedings.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes the procedural framework for all dispute resolution between US users and eBay, requiring individual arbitration as the exclusive remedy for most claims and foreclosing class or representative proceedings for users who do not timely opt out. The 30-day opt-out deadline creates a time-sensitive compliance trigger for users and organizations seeking to preserve court-based dispute options.

Recent Activity

This document changed recently

Medium May 27, 2026

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 →

Clause Stability Mostly Stable

1
Change
3
Months Monitored
May 9, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 560 other provisions on other platforms.
This clause has changed once in 3 months of monitoring.

Change history

modified May 27, 2026

Two separate provisions (Mandatory Arbitration Clause and Class Action Waiver) were consolidated into a single unified provision with explicit opt-out language added.

View full change record →

Consumer impact (what this means for users)

Under this clause, US users who do not send a written opt-out notice within 30 days of accepting the agreement are required to resolve disputes with eBay through binding individual arbitration and cannot participate in class action lawsuits. The agreement specifies that relief including monetary, injunctive, and declaratory relief is available only on an individual basis under these terms.

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 opt-out notice to eBay's Litigation Department at the address above within 30 days of first accepting the User Agreement. The notice should clearly state your intent to opt out of the Agreement to Arbitrate and include your account information.

How other platforms handle this

Teachable Medium

You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.

Substack Medium

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...

Pinecone Medium

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
Read this User Agreement carefully as it contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or related third parties to binding and final arbitration, unless you opt out of the Agreement to Arbitrate in accordance with section 19.B.9 (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

— Excerpt from eBay's eBay User Agreement

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act (FAA), which governs the enforceability of arbitration agreements in interstate commerce. The FTC has scrutinized mandatory arbitration clauses in consumer contracts under its unfair or deceptive acts authority. California law, under McGill v. Citibank, N.A., may limit enforceability of waivers of public injunctive relief; legal teams should evaluate whether the class action waiver is fully enforceable under California and other state law. EU and UK residents are generally not subject to this clause given the applicable entity and governing law structure. (2) GOVERNANCE EXPOSURE: High. The mandatory arbitration clause with class action waiver is a high-exposure provision for consumer-facing compliance programs, as it defines the exclusive dispute channel for millions of US users and eliminates collective redress mechanisms absent a timely opt-out. (3) JURISDICTION FLAGS: California presents heightened exposure due to established case law limiting class action waivers on public injunctive relief claims. The provision is stated to apply to US users; EU and UK users contracting with eBay (UK) Limited or eBay GmbH are subject to different governing law and likely cannot be bound by US-style mandatory arbitration under applicable consumer protection law in those jurisdictions. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using eBay as a commercial platform should assess whether this arbitration clause affects their ability to bring collective or representative claims as business account holders. The clause covers claims against "related third parties," which may extend beyond eBay Inc. itself and warrants review of scope in vendor contracts. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether opt-out notices have been sent within the 30-day window for affected business accounts, assess whether the arbitration clause meets applicable state disclosure and conspicuousness requirements, and evaluate enforceability under current FTC guidance on mandatory arbitration in consumer contracts.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive consumer contract practices and has scrutinized mandatory arbitration clauses in consumer-facing agreements.
    File a complaint →
  • State AG
    State attorneys general, particularly in California, have enforcement authority over consumer arbitration clause enforceability under state consumer protection statutes.
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
eBay User Agreement
Entity
eBay
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-007531
Document ID
CA-D-00255
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
1aaec68b20417ba2d8c7b583b2038d855a5a9d8adeb52ad013375974a418716a
Analysis generated
May 21, 2026 03:03 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: eBay
Document: eBay User Agreement
Record ID: CA-P-007531
Captured: 2026-05-21 03:03:16 UTC
SHA-256: 1aaec68b20417ba2…
URL: https://conductatlas.com/platform/ebay/ebay-user-agreement/mandatory-arbitration-and-class-action-waiver/
Accessed: June 28, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does eBay's Mandatory Arbitration and Class Action Waiver clause do?

This provision establishes the procedural framework for all dispute resolution between US users and eBay, requiring individual arbitration as the exclusive remedy for most claims and foreclosing class or representative proceedings for users who do not timely opt out. The 30-day opt-out deadline creates a time-sensitive compliance trigger for users and organizations seeking to preserve court-based dispute options.

How does this clause affect you?

Under this clause, US users who do not send a written opt-out notice within 30 days of accepting the agreement are required to resolve disputes with eBay through binding individual arbitration and cannot participate in class action lawsuits. The agreement specifies that relief including monetary, injunctive, and declaratory relief is available only on an individual basis under these terms.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 131 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.