Provision record
OpenAI · OpenAI Business Terms · View original document ↗

Class Action Waiver

High severity Medium confidence Explicit document language Common · 206 of 352 platforms
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Document Record

What it is

The agreement prohibits users from bringing or participating in class action or representative action lawsuits against OpenAI, requiring any claims to be brought individually.

This analysis describes what OpenAI'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision, combined with the arbitration clause, requires that each user pursue any claim against OpenAI individually rather than as part of a group proceeding. This applies to both arbitration and any court proceedings where the arbitration clause is found inapplicable.

Interpretive note: Enforceability of class action waivers varies significantly by jurisdiction; EU/EEA and certain US state courts may decline to enforce this provision against consumers.

Clause Stability Stable

0
Changes
4
Months Monitored
May 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 2555 other provisions on other platforms.

Change history

modified May 26, 2026

Simplified the provision by removing the arbitrator consolidation restriction, the severability clause, and enforceability carve-out provisions.

View full change record →

Consumer impact (what this means for users)

This clause requires that any claim a user brings against OpenAI proceed on an individual basis. Users who have opted out of arbitration are still subject to the class action waiver unless that waiver is separately found unenforceable under applicable law.

How other platforms handle this

Chegg Medium

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.

Tinder Medium

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.

Wise Medium

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...

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
You and OpenAI agree that any claims against each other can only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action.

Excerpt from OpenAI's Business Terms

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: Class action waivers in consumer contracts are subject to scrutiny under state consumer protection statutes, particularly in California under the Consumers Legal Remedies Act, and may be unenforceable in the EU/EEA under …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenAI Business Terms
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-011628
Document ID
CA-D-00755
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6bcccb90a775c54c7b7d211635409fb466dbe6ee712be486b3d17f2120003b35
Analysis generated
May 21, 2026 00:13 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Business Terms
Record ID: CA-P-011628
Captured: 2026-05-21 00:13:45 UTC
SHA-256: 6bcccb90a775c54c…
URL: https://conductatlas.com/platform/openai/openai-business-terms/provision/CA-P-011628/class-action-waiver/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does OpenAI's Class Action Waiver clause do?

This provision, combined with the arbitration clause, requires that each user pursue any claim against OpenAI individually rather than as part of a group proceeding. This applies to both arbitration and any court proceedings where the arbitration clause is found inapplicable.

How does this clause affect you?

This clause requires that any claim a user brings against OpenAI proceed on an individual basis. Users who have opted out of arbitration are still subject to the class action waiver unless that waiver is separately found unenforceable under applicable law.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.