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.
The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.
View change record →The provision was simplified and restructured with emphasis shifted to explicit all-caps language reinforcing individual-capacity-only claims and removal of opt-out language references.
View full change record →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.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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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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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.
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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 131 platforms. See the full comparison.
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