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

Class action waiver enforceability decided by court not arbitrator

Medium severity Explicitdocumentlanguage Common · 210 of 352 platforms
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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

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.

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Clause Stability Stable

0
Changes
4
Months Monitored
Jul 10, 2026
First Seen
Jul 10, 2026
Last Seen
This clause type exists across 2638 other provisions on other platforms.

How other platforms handle this

Chegg Medium

all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator...

Lyft Medium

ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM ... SHALL BE DECIDED BY THE ARBITRATOR, except as expressly provided below.

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...

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▸ 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

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-035293
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-035293
Captured: 2026-05-21 03:03:16 UTC
SHA-256: 1aaec68b20417ba2…
URL: https://conductatlas.com/platform/ebay/ebay-user-agreement/provision/CA-P-035293/class-action-waiver-enforceability-decided-by-court-not-arbitrator/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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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 210 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.