What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'Refer to arbitration opt-out contact in Khan Academy ToS', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Opting out of arbitration within 30 days also effectively preserves greater legal options including potential class participation in non-arbitration contexts; send written opt-out notice as described in the arbitration section.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'FTC monitors class action waivers in consumer agreements as a potential unfair practice under FTC Act Section 5', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Class Action Waiver clauses across approximately 60 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Class Action Waiver — Khan Academy

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What it is

You cannot join a group lawsuit or class action against Khan Academy — any legal claim must be brought individually.

Consumer impact (what this means for users)

Users who experience similar harms — such as a data breach affecting millions of accounts — cannot band together in a class action lawsuit and must each pursue claims individually, which is rarely cost-effective.

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
Opting out of arbitration within 30 days also effectively preserves greater legal options including potential class participation in non-arbitration contexts; send written opt-out notice as described in the arbitration section.

Cross-platform context

See how other platforms handle Class Action Waiver and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

Class actions allow many consumers with similar small-value claims to pool resources and sue collectively; waiving this right means individual users are unlikely to pursue small grievances, effectively immunizing companies from accountability for widespread but low-dollar harms.

View original clause language

YOU AND KHAN ACADEMY 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.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Class action waivers in consumer contracts are governed by state contract law and scrutinized under FRCP Rule 23; California courts have found such waivers unenforceable in some contexts under the Discover Bank rule, though AT&T Mobility v. Concepcion (563 U.S. 333, 2011) upheld FAA preemption for most consumer arbitration waivers. The McGill rule (2017) preserves the right to seek public injunctive relief notwithstanding a class action waiver. (2)

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Applicable agencies

FTC

FTC monitors class action waivers in consumer agreements as a potential unfair practice under FTC Act Section 5
File a complaint →

Provision details

Document information

Document

Khan Academy Terms of Service

Entity

Khan Academy

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-002863

Document ID

CA-D-00159

Evidence Provenance

Source URL

https://www.khanacademy.org/about/tos

Wayback Machine

View archived versions →

SHA-256

8914b6093be7fcaf2deefbf6620d8842d911de26247cd348b41d194a5b484ebf

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Khan Academy | Document: Khan Academy Terms of Service | Record: CA-P-002863
Captured: 2026-04-18 10:22:08 UTC | SHA-256: 8914b6093be7fcaf…
URL: https://conductatlas.com/platform/khan-academy/khan-academy-terms-of-service/class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Class Action Waiver