Provision record
FanDuel · FanDuel Terms of Use · 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

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium Jul 17, 2026

The updated terms now prohibit FanDuel Fantasy participation in Alberta, Canada, effective July 17, 2026. Previously, only Ontario was excluded from Canadian service. Residents of Alberta who had existing accounts may no longer be able to enter contests or deposit funds for new games. The terms state participation is prohibited in Ontario and Alberta; any account registration or contest entry by an Alberta resident violates this warranty requirement.

View change record →

Clause Stability Stable

0
Changes
4
Months Monitored
May 8, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 2555 other provisions on other platforms.

Consumer impact (what this means for users)

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.

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 written notice of your intent to opt out of the arbitration agreement to FanDuel at the address above within 30 days of creating your account. Retain a copy of your notice and use certified mail to confirm delivery.

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
"
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 Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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 …

Insight

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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
FanDuel Terms of Use
Entity
FanDuel
Document last updated
May 5, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-006588
Document ID
CA-D-00350
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
bfa5b80c77e6af6f71d66207bea295ad95092ee809c1be6c34bfa6afd2a2fbf9
Analysis generated
May 11, 2026 00:07 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: FanDuel
Document: FanDuel Terms of Use
Record ID: CA-P-006588
Captured: 2026-05-11 00:07:18 UTC
SHA-256: bfa5b80c77e6af6f…
URL: https://conductatlas.com/platform/fanduel/fanduel-terms-of-use/provision/CA-P-006588/mandatory-arbitration-and-class-action-waiver/
Accessed: Sept. 8, 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 FanDuel's Mandatory Arbitration and Class Action Waiver clause do?

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.

How does this clause affect you?

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.

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 FanDuel?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by FanDuel.