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The terms prohibit users from bringing or participating in class action lawsuits or representative proceedings against Faire, and require all claims to be pursued on an individual basis only. The arbitrator is also prohibited from consolidating multiple users' claims absent mutual agreement.
This analysis describes what Faire'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 provision, combined with the mandatory arbitration clause and the $100 liability cap, means that users may only pursue individual claims through JAMS arbitration, and the arbitrator cannot consolidate claims from multiple affected users. This mechanism is operationally significant for situations involving platform-wide issues affecting large numbers of retailers or brands simultaneously.
Interpretive note: Enforceability of the class action waiver may vary by jurisdiction; California and EU/UK law may provide qualifying rights that limit the practical scope of this provision.
Under this clause, users cannot join or initiate class action lawsuits against Faire and must pursue any claims individually through arbitration. The agreement also states that the arbitrator may not consolidate claims from more than one person unless both parties agree.
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"YOU AND FAIRE 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. Further, unless both you and Faire agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.Excerpt from Faire's Terms of Service
(1) REGULATORY LANDSCAPE: Class action waivers in consumer-facing and small business platform contracts engage the FTC Act and state consumer protection statutes. California courts have applied unconscionability analysis to class action waivers in adhesion contracts; the interaction between the Federal Arbitration Act and California public policy on class waivers remains an active area of law. (2) GOVERNANCE EXPOSURE: High. The prohibition on representative proceedings combined with the $100 liability cap structurally limits aggregate exposure to Faire from platform-wide disputes, which is an operationally significant feature of the agreement. (3) JURISDICTION FLAGS: California, EU, and UK users may have statutory or regulatory rights to pursue representative or collective redress mechanisms that could qualify or override this waiver. In the EU, the Representative Actions Directive may provide collective redress pathways independent of this clause. (4) CONTRACT AND VENDOR IMPLICATIONS: For brands and retailers using Faire as a significant sales or sourcing channel, the inability to aggregate claims may affect the practical availability of remedies in cases involving platform errors, payment disputes, or data incidents affecting multiple users. (5) COMPLIANCE CONSIDERATIONS: Legal teams advising enterprise brands or retail chains should assess whether the class action waiver is enforceable in their primary operating jurisdiction and whether it conflicts with any applicable commercial or consumer protection statute.
This provision, combined with the mandatory arbitration clause and the $100 liability cap, means that users may only pursue individual claims through JAMS arbitration, and the arbitrator cannot consolidate claims from multiple affected users. This mechanism is operationally significant for situations involving platform-wide issues affecting large numbers of retailers or brands simultaneously.
Under this clause, users cannot join or initiate class action lawsuits against Faire and must pursue any claims individually through arbitration. The agreement also states that the arbitrator may not consolidate claims from more than one person unless both parties agree.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Faire.