Any dispute you have with FanDuel must be resolved through private arbitration rather than in court, and you cannot join a class action lawsuit against FanDuel. A jury trial is also waived.
This analysis describes what FanDuel'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 removes your ability to use the court system or band together with other users in a class action, which are often the most practical ways consumers enforce their rights against large companies.
Users who experience withheld prizes, wrongful account termination, or other grievances must pursue them individually through arbitration rather than through court litigation or class proceedings, which can make smaller claims economically impractical to pursue.
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YOU AND UNITY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAIN...
Any Dispute will be determined in English by final, binding arbitration according to the region-specific processes below. Judgment on any award issued through the arbitration process in this Section J.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING...
You and Stripe agree to resolve any disputes, controversies, or claims arising out of or relating to this agreement or the Services through binding individual arbitration instead of in court, except that either party may bring claims in small claims court if they qualify. There will be no right or a...
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"PLEASE BE AWARE THAT SECTION 15 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND FANDUEL. AMONG OTHER THINGS, SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.— Excerpt from FanDuel's FanDuel Terms of Use
REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act, which generally supports the enforceability of pre-dispute arbitration agreements, as well as state consumer protection statutes in California, New Jersey, and other jurisdictions that have at times limited or scrutinized class action waivers in consumer contracts. The FTC has identified mandatory arbitration with class waivers as a consumer protection concern under the FTC Act. Courts in several states have invalidated class waivers in consumer contexts depending on the specific facts and applicable state law. GOVERNANCE EXPOSURE: High. Mandatory pre-dispute arbitration with a class action waiver in a consumer-facing gaming context creates significant exposure if state courts or regulators determine the provision is procedurally or substantively unconscionable. The breadth of the waiver, covering all disputes with limited exceptions, amplifies this risk. JURISDICTION FLAGS: California courts have applied heightened scrutiny to class action waivers in consumer contracts. New Jersey, Massachusetts, and Washington state have also presented enforcement challenges to broadly worded arbitration clauses. The provision may face enforceability questions in any jurisdiction where daily fantasy sports is treated as a consumer financial service. CONTRACT AND VENDOR IMPLICATIONS: B2B agreements with FanDuel that incorporate these Terms by reference should be reviewed to determine whether the arbitration clause applies to commercial counterparties. Indemnification and liability shift provisions in the broader agreement may interact with the arbitration clause in ways that limit upstream vendor exposure assessment. COMPLIANCE CONSIDERATIONS: Legal teams should verify that the 30-day opt-out mechanism is clearly disclosed at account creation, operationally accessible, and documented in a manner that satisfies consumer protection disclosure standards in all active jurisdictions. Consent records for arbitration agreement acceptance should be retained as part of standard contract management practice.
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This clause removes your ability to use the court system or band together with other users in a class action, which are often the most practical ways consumers enforce their rights against large companies.
Users who experience withheld prizes, wrongful account termination, or other grievances must pursue them individually through arbitration rather than through court litigation or class proceedings, which can make smaller claims economically impractical to pursue.
ConductAtlas has identified this type of provision across 113 platforms. See the full comparison.
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