If you have a legal dispute with Medium, you must resolve it through individual arbitration rather than a court case, and you give up your right to join a class action lawsuit with other users.
This analysis describes what Medium'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 action waivers significantly limit users' practical ability to pursue small or medium-sized claims, since the cost of individual arbitration often exceeds the value of what any single user might recover.
This clause means that if Medium wrongs you financially or otherwise, you cannot band together with other affected users in a class action lawsuit, and your only recourse is individual arbitration, which can be costly and less accessible than court proceedings.
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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...
Any Dispute will be determined in English by final, binding arbitration according to the region-specific processes below. Judgment on any award issued through the arbitration process in this Section J.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING...
You and Stripe agree to resolve any disputes, controversies, or claims arising out of or relating to this agreement or the Services through binding individual arbitration instead of in court, except that either party may bring claims in small claims court if they qualify. There will be no right or a...
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"You and Medium agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. YOU AND MEDIUM 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 Medium's Medium Terms of Service
(1) REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer contracts are subject to scrutiny under the FTC Act and have been subject to rulemaking efforts at the CFPB, though the CFPB's 2017 arbitration rule was repealed. State attorneys general in California and other states have challenged consumer arbitration waivers. The enforceability of class action waivers for non-employees in consumer contracts varies by jurisdiction and has been limited in certain state courts. (2) GOVERNANCE EXPOSURE: High. The class action waiver combined with mandatory arbitration substantially limits aggregate legal exposure for Medium but creates material access-to-justice concerns for consumers with small individual claims. This structure is common in consumer platform terms but has drawn regulatory attention and legislative pushback in California and at the federal level. (3) JURISDICTION FLAGS: EU users may have limited exposure to this clause, as EU consumer protection law generally prohibits mandatory arbitration clauses that strip consumers of access to national courts. California residents may have specific protections under state consumer arbitration statutes. The clause's enforceability in New York and other states with strong consumer protection regimes should be evaluated on a jurisdiction-specific basis. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations executing B2B agreements with Medium should assess whether this arbitration clause applies to commercial relationships or only to consumer-facing terms. The clause does not appear to include an explicit carve-out for injunctive relief in all circumstances, which may affect the availability of emergency legal remedies. (5) COMPLIANCE CONSIDERATIONS: Legal teams should note the 30-day opt-out window and ensure that any employee or organizational accounts created on Medium are reviewed for arbitration opt-out eligibility. Compliance programs should document whether the opt-out procedure was exercised at account creation, particularly for accounts used in professional or regulated contexts.
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Class action waivers significantly limit users' practical ability to pursue small or medium-sized claims, since the cost of individual arbitration often exceeds the value of what any single user might recover.
This clause means that if Medium wrongs you financially or otherwise, you cannot band together with other affected users in a class action lawsuit, and your only recourse is individual arbitration, which can be costly and less accessible than court proceedings.
ConductAtlas has identified this type of provision across 112 platforms. See the full comparison.
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