All disputes between users and McDonald's or any Member of the McDonald's System arising from the online services must be resolved through individual binding arbitration administered by the AAA, governed by the FAA, with class action and representative action rights waived. The arbitrator, not a court, holds exclusive authority to decide questions of arbitrability.
This analysis describes what McDonald's'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 provision requires disputes to proceed through individual AAA arbitration rather than court litigation or class proceedings, and delegates arbitrability determinations exclusively to the arbitrator. The mass arbitration opt-out mechanism, triggered when more than 1,000 coordinated demands are filed by counsel-represented individuals on substantially the same facts, permits either party to shift those disputes to state or federal court in Illinois.
Under this clause, disputes arising from the online services must proceed as individual arbitrations before a single AAA arbitrator, and users expressly waive participation in class or representative actions. The agreement states that McDonald's will pay arbitration fees exceeding $225 USD on the user's behalf, subject to ultimate arbitrator allocation.
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Compare across platforms →"any claim or dispute (whether in contract, tort, or otherwise) that McDonald's or any Member of the McDonald's System may have with you, or that you may have with McDonald's or any Member of the McDonald's System, arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator using the AAA's Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules ("rules and procedures"); this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; ... no claims shall be arbitrated on a class or representative basis as you and McDonald's hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and McDonald's; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and McDonald's under this provision.Excerpt from McDonald's's Terms of Use
1) REGULATORY LANDSCAPE: This provision is expressly governed by the Federal Arbitration Act (9 U.S.C.
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This provision requires disputes to proceed through individual AAA arbitration rather than court litigation or class proceedings, and delegates arbitrability determinations exclusively to the arbitrator. The mass arbitration opt-out mechanism, triggered when more than 1,000 coordinated demands are filed by counsel-represented individuals on substantially the same facts, permits either party to shift those disputes to state or federal court in …
Under this clause, disputes arising from the online services must proceed as individual arbitrations before a single AAA arbitrator, and users expressly waive participation in class or representative actions. The agreement states that McDonald's will pay arbitration fees exceeding $225 USD on the user's behalf, subject to ultimate arbitrator allocation.
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