You cannot sue Grubhub as part of a group or class action lawsuit; any claim must be brought individually.
This analysis describes what Grubhub'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
Class actions are often the only practical way for consumers to hold companies accountable for small-dollar harms that would not justify individual litigation, so this waiver meaningfully limits collective consumer recourse.
This clause prevents you from joining or leading a class action lawsuit against Grubhub, meaning each consumer must pursue any claim individually through arbitration, which is often impractical for smaller disputes.
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 ...
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NETFLIX 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, where permitted under the applicable law, unless ...
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"YOU AND GRUBHUB 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 Grubhub's Grubhub Terms of Use
REGULATORY LANDSCAPE: Class action waivers in consumer arbitration agreements are generally enforceable under AT&T Mobility v. Concepcion (U.S. Supreme Court), but California and other states retain limited carve-outs for public injunctive relief claims. The FTC and CFPB have signaled policy concerns about class action waivers that insulate companies from aggregate consumer claims. GOVERNANCE EXPOSURE: High. Class action waivers are among the most scrutinized provisions in consumer contracts, particularly where the underlying disputes involve small-dollar harms that are only viable as aggregate claims. Regulatory pressure on this provision type has increased in recent years. JURISDICTION FLAGS: California consumers may retain the right to seek public injunctive relief in court under McGill v. Citibank notwithstanding this waiver. The provision is likely unenforceable against EU consumers under applicable EU consumer protection law. Illinois and New Jersey have active legislative and judicial scrutiny of such waivers. CONTRACT AND VENDOR IMPLICATIONS: This provision limits aggregate liability exposure for Grubhub and should be noted in any risk assessment of the commercial relationship. Partner or merchant agreements should be reviewed to determine whether equivalent provisions apply. COMPLIANCE CONSIDERATIONS: Legal teams should monitor evolving state legislation and FTC rulemaking that may affect the enforceability of class action waivers in consumer contracts, and assess whether the current clause language satisfies enforceability requirements in each jurisdiction of operation.
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Class actions are often the only practical way for consumers to hold companies accountable for small-dollar harms that would not justify individual litigation, so this waiver meaningfully limits collective consumer recourse.
This clause prevents you from joining or leading a class action lawsuit against Grubhub, meaning each consumer must pursue any claim individually through arbitration, which is often impractical for smaller disputes.
ConductAtlas has identified this type of provision across 86 platforms. See the full comparison.
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