You agree not to join or lead a class action lawsuit against Noom, meaning you can only bring individual claims on your own behalf.
This analysis describes what Noom'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 lawsuits allow many consumers with similar small harms to join together to pursue claims that would be uneconomical to bring individually; waiving this right reduces collective consumer leverage.
Interpretive note: Enforceability of the class action waiver may be limited in California and other jurisdictions with strong consumer protection statutes; courts have varied in their treatment of such waivers in consumer health contexts.
Noom's updated terms make clearer that the platform provides behavioral support, not medical treatment, and that coaching and food data features may not be fully accurate. This clarification is impor…
This clause means that if Noom's practices harm many users in similar ways, such as improper billing or data misuse, each user must pursue their claim individually rather than as part of a group, which may make legal action impractical for smaller claims.
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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...
CLASS ACTION WAIVER. You and OpenAI agree that any claims must be brought in your respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person's claims....
YOU AND LIME 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.
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"CLASS ACTION WAIVER. YOU AND NOOM 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 Noom's Noom Terms of Service
REGULATORY LANDSCAPE: Class action waivers in consumer contracts engage the FAA and have been the subject of ongoing regulatory scrutiny. The CFPB has previously attempted to restrict class action waivers in financial services; while Noom is not a financial services company, analogous regulatory attention to health and wellness contexts is possible. The FTC Act's unfairness standard may apply if the waiver is presented in a manner that disadvantages consumers without clear disclosure. GOVERNANCE EXPOSURE: High. In a health-adjacent platform where sensitive personal data is processed and billing disputes are common, the class action waiver materially limits consumer recourse options and reduces systemic accountability mechanisms. JURISDICTION FLAGS: Some state courts, particularly in California, have found class action waivers unconscionable in consumer contracts when combined with mandatory arbitration. The provision's enforceability for California residents warrants specific legal review. EU and UK consumer protection frameworks may not permit contractual waivers of collective redress rights. CONTRACT AND VENDOR IMPLICATIONS: Organizations procuring Noom for employee wellness programs should note that individual employees' class action rights are waived under these terms, which may be a consideration in benefits plan documentation and employee communications. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the class action waiver, in combination with the arbitration clause, creates an unconscionability argument under applicable state law. Monitor regulatory developments from the FTC and state attorneys general regarding class waiver enforcement in health and wellness consumer contracts.
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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 lawsuits allow many consumers with similar small harms to join together to pursue claims that would be uneconomical to bring individually; waiving this right reduces collective consumer leverage.
This clause means that if Noom's practices harm many users in similar ways, such as improper billing or data misuse, each user must pursue their claim individually rather than as part of a group, which may make legal action impractical for smaller claims.
ConductAtlas has identified this type of provision across 74 platforms. See the full comparison.
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