Netflix's terms are interpreted under Delaware law, but this does not take away consumer protection rights you have under your own state's laws.
While Netflix applies Delaware law to these terms, California residents and users in other states with strong consumer protection statutes retain their statutory rights — meaning state-level protections like the California CLRA and ARL still apply to you regardless of the Delaware choice-of-law clause.
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Compare across platforms →Choosing Delaware law benefits Netflix as a corporate-friendly jurisdiction, but the carve-out for mandatory state consumer protection rights is an important protection for users in states with stronger consumer laws like California.
(1) REGULATORY FRAMEWORK: Choice-of-law clauses are governed by the Restatement (Second) of Conflict of Laws § 187 and state consumer protection statutes that override contractual choice-of-law provisions for mandatory consumer protections. California courts have frequently declined to enforce Delaware choice-of-law clauses where the result would deprive California consumers of protections under the CLRA, UCL, or ARL. The EU Rome I Regulation (593/2008) Art. 6 mandates application of the consumer's habitual residence law for mandatory consumer protections regardless of contractual choice-of-law. (2)
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