If you have a dispute with Epic, you generally must resolve it through private arbitration rather than in court, and you cannot join a class action lawsuit with other users who have similar complaints.
This analysis describes what Epic Games'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
This clause significantly limits your ability to sue Epic in court or participate in collective legal action, which can reduce your practical leverage and the cost-effectiveness of pursuing smaller individual claims.
The two separate provisions (Mandatory Binding Arbitration and Class Action and Jury Trial Waiver) were consolidated into a single combined provision with explicit language about waiving lawsuit rights.
View full change record →If Epic removes your purchased In-Game Content, charges you incorrectly, or otherwise causes you financial harm, this clause means you must pursue the claim individually through arbitration rather than through a court or as part of a group lawsuit, which may make small claims economically impractical to pursue.
How other platforms handle this
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.
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 ...
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.
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"PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Epic agree to resolve any claims relating to these Terms or our Licensed Products through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. This includes any claims by you or Epic against our respective parents, subsidiaries, agents, employees, predecessors in interest, successors, and assigns to the extent those claims arise in connection with a dispute with you or Epic about a Licensed Product or these Terms. You agree to first try to resolve any dispute informally by contacting Epic... WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. YOU AND EPIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.— Excerpt from Epic Games's Epic Games Terms of Service
REGULATORY LANDSCAPE: Mandatory pre-dispute arbitration clauses and class action waivers in consumer contracts are subject to scrutiny under the FTC Act and have been the subject of regulatory guidance from the CFPB, which has studied their effects on consumer access to justice. In the EU and UK, such clauses may be unenforceable as unfair contract terms under consumer protection directives; the agreement itself acknowledges this. State-level consumer protection statutes in California (under the Consumer Legal Remedies Act) and other jurisdictions may impose additional constraints on the enforceability of arbitration clauses in consumer contexts. GOVERNANCE EXPOSURE: High. The combination of mandatory individual arbitration with a class action waiver represents a significant restriction on consumer legal recourse. Courts in the U.S. have generally upheld similar clauses under the Federal Arbitration Act, but enforceability is not guaranteed in all consumer contexts, particularly where the clause was not sufficiently disclosed. The 30-day opt-out mechanism, while present, requires affirmative written action by consumers who may not read the agreement carefully. JURISDICTION FLAGS: EU and EEA users face the highest divergence, as consumer arbitration clauses that deprive consumers of access to national courts are generally unenforceable under EU law. UK users similarly benefit from consumer protection frameworks that may limit enforceability. California consumers retain certain statutory rights that arbitration clauses cannot waive. Minors may have additional protections depending on jurisdiction. CONTRACT AND VENDOR IMPLICATIONS: For B2B contexts where Epic accounts are used by employees, the binding arbitration clause extends to disputes arising from employee use, which may create unexpected procedural constraints. Procurement teams should assess whether this clause conflicts with enterprise dispute resolution frameworks or indemnification structures in vendor agreements. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the opt-out mechanism is sufficiently disclosed at the point of account creation or Terms acceptance to satisfy FTC guidance on clear and conspicuous disclosure. Legal teams in EU and UK markets should confirm that localized terms or additional disclosures adequately address the unenforceability of this clause in those jurisdictions as the agreement itself acknowledges.
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This clause significantly limits your ability to sue Epic in court or participate in collective legal action, which can reduce your practical leverage and the cost-effectiveness of pursuing smaller individual claims.
If Epic removes your purchased In-Game Content, charges you incorrectly, or otherwise causes you financial harm, this clause means you must pursue the claim individually through arbitration rather than through a court or as part of a group lawsuit, which may make small claims economically impractical to pursue.
ConductAtlas has identified this type of provision across 132 platforms. See the full comparison.
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