If you have a legal dispute with Mercury, you must resolve it through private arbitration rather than in a court of law, and you cannot join other users in a class action lawsuit against Mercury.
This analysis describes what Mercury'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 clause removes your right to sue Mercury in court or participate in a class action, which is often the only practical way to pursue smaller claims against a financial services company.
Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.
View change record →The updated terms establish that when customers pay invoices you issue through Mercury Invoicing via ACH debit, Mercury will apply a hold period before crediting the funds to your account. The hold period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may range from 1 to 4 business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming invoice payment in your Invoicing dashboard.
View change record →If Mercury makes an error affecting your business account, freezes your funds, or engages in conduct you believe is unlawful, this provision requires you to pursue your claim individually through private arbitration rather than through court proceedings or collective litigation.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Mercury and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or Mercury seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Mercury seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Mercury waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court.Excerpt from Mercury's Terms of Service
REGULATORY LANDSCAPE: This provision engages CFPB authority over arbitration agreements in consumer financial products and the Federal Arbitration Act.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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This clause removes your right to sue Mercury in court or participate in a class action, which is often the only practical way to pursue smaller claims against a financial services company.
If Mercury makes an error affecting your business account, freezes your funds, or engages in conduct you believe is unlawful, this provision requires you to pursue your claim individually through private arbitration rather than through court proceedings or collective litigation.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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