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 is consequential because it allows FanDuel to draw down a user's account balance on an ongoing monthly basis simply due to inactivity, with no stated cap.
Interpretive note: The excerpt does not define what constitutes an 'inactive' account or specify what happens when the account balance is insufficient to cover the fee. These are independent material questions not addressed in the canonical claim.
The reader's account balance will be reduced by $2.99 each month the account remains inactive, and the fee stops only upon one of four specified reactivation actions.
How other platforms handle this
Upwork will charge Clients a Direct Contracts Fee of $49 for each active Service Contract that is designated as a Client Initiated Direct Contracts.
upon your purchase of an Item and in addition to the payment for the purchased Item, you authorize Whatnot and/or its Billing Agent to charge your Payment Method for the anticipated amount required to ship the purchase Item to Buyer
If Customer selects this option, Customer will not be committed to purchase the Services for a pre-defined term, but will pay Fees based on its daily usage of the Services, billed monthly in arrears.
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"FanDuel will assess fee of $2.99 per month on all inactive accounts until the account is reactivated by logging in to your account, entering a contest, making a deposit, or withdrawing funds.— Excerpt from FanDuel's FanDuel Terms of Use
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This clause is consequential because it allows FanDuel to draw down a user's account balance on an ongoing monthly basis simply due to inactivity, with no stated cap.
The reader's account balance will be reduced by $2.99 each month the account remains inactive, and the fee stops only upon one of four specified reactivation actions.
ConductAtlas has identified this type of provision across 226 platforms. See the full comparison.
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