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
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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"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 Mercury Terms of Service
REGULATORY LANDSCAPE: This provision engages CFPB authority over arbitration agreements in consumer financial products and the Federal Arbitration Act. The CFPB has previously sought to restrict mandatory arbitration clauses in consumer financial contracts; while that rulemaking was overturned by Congress, the regulatory posture remains active. Legal teams should monitor CFPB rulemaking activity and assess whether Mercury's business customers qualify as consumers under applicable CFPB jurisdiction, which may affect enforceability. GOVERNANCE EXPOSURE: High. The class action waiver eliminates collective redress pathways for systemic platform failures, unauthorized transaction errors, or wrongful account suspensions that may affect many users simultaneously. Arbitration proceedings are private and non-precedential, which limits Mercury's accountability exposure but restricts users' practical ability to pursue low-value claims that would be uneconomical to arbitrate individually. JURISDICTION FLAGS: California courts have at times scrutinized class action waivers in consumer contracts of adhesion under unconscionability doctrine, though the Federal Arbitration Act generally preempts state law restrictions on arbitration. EU users and UK users are unlikely to be subject to this clause given consumer protection frameworks in those jurisdictions. Illinois and New York also warrant evaluation for any state-specific consumer protection carve-outs applicable to financial services. CONTRACT AND VENDOR IMPLICATIONS: B2B contracts that rely on Mercury as a payment or banking infrastructure provider should explicitly address dispute resolution mechanisms in their own agreements, as the arbitration clause may create asymmetric risk for enterprise customers holding significant balances. The provision limits Mercury's liability exposure in ways that may not align with enterprise vendor contract standards requiring court-accessible dispute resolution. COMPLIANCE CONSIDERATIONS: Compliance teams should verify whether the 30-day opt-out mechanism has been exercised for existing accounts and implement a process to ensure new account holders are notified of and can exercise the opt-out right within the prescribed window. Legal teams should assess whether the arbitration clause's scope, covering disputes arising out of or related to the agreement or services, is broad enough to capture regulatory complaints or whether those remain outside the clause.
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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 132 platforms. See the full comparison.
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