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

Mandatory Arbitration and Class Action Waiver

High severity High confidence Explicit document language Common · 205 of 352 platforms
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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
5
Months Monitored
May 9, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 2555 other provisions on other platforms.
This clause has changed once in 5 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

Chegg Medium

If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.

Tinder Medium

the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.

Wise Medium

Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...

See all platforms with this clause type →
▸ 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 User Agreement

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act (FAA), which governs the enforceability of arbitration agreements in interstate commerce.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

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/provision/CA-P-007531/mandatory-arbitration-and-class-action-waiver/
Accessed: Aug. 24, 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 205 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.