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.
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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...
CLASS ACTION WAIVER. You and OpenAI agree that any claims must be brought in your respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person's claims....
YOU AND LIME 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.
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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 74 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Grubhub.