This analysis describes what Instacart'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
How other platforms handle this
If 25 or more claimants seek to file arbitrations raising similar claims and are represented by the same counsel...all cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings...
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
If 25 or more claimants submit Informal Notices or Demands ... the AAA's Mass Arbitration Supplementary Rules ... shall apply, and all of the cases must be resolved in arbitration under the process described in this Section 17(h).
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"Each account holder must submit their own opt-out. Opt-outs submitted by an attorney on your behalf, or as part of a consolidated, mass, or coordinated submission covering multiple accounts, are not effective.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The clause states: “Each account holder must submit their own opt-out. Opt-outs submitted by an attorney on your behalf, or as part of a consolidated, mass, or coordinated submission covering multiple accounts, are not effective.”
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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