OpenAI · OpenAI Terms of Use

Class Action Waiver

High severity
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What it is

By agreeing to these Terms, you give up your right to join or lead a class action lawsuit against OpenAI, meaning you can only pursue claims individually.

Why it matters

Class actions allow many people harmed in the same way to sue together, which is often the only economically viable way to pursue small individual claims against a large company.

Institutional analysis (Compliance & legal intelligence)

Class action waivers bundled with arbitration clauses have faced challenges under NLRA and various state consumer protection statutes; compliance teams should track ongoing regulatory and judicial developments, particularly in California.

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Regulatory citations, enforcement risk, and due diligence action items.

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Consumer impact

OpenAI's Terms require users to resolve most disputes through binding arbitration rather than in court, and include a class action waiver that limits collective legal remedies. OpenAI also claims a broad license to use content you submit to improve its models, and can suspend or terminate accounts at its discretion. You can opt out of the mandatory arbitration clause by notifying OpenAI in writing within 30 days of creating your account at https://openai.com/policies/row-terms-of-use/.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Opting out of the arbitration clause also preserves your right to participate in class actions. Send your opt-out notice within 30 days of account creation as specified in the Terms.

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 →

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Document last updated
March 24, 2026
Tracking information
First tracked
March 7, 2026
Last verified
March 9, 2026
Record ID
CA-P-00009001
Document ID
CA-D-00009
Evidence Provenance
Source URL
Wayback Machine
SHA-256
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: OpenAI | Document: OpenAI Terms of Use | Record: CA-P-00009001
Captured: 2026-03-07 12:16:22 UTC | SHA-256: 3a064f11bc2cb0f4…
URL: https://conductatlas.com/platform/openai/openai-terms-of-use/class-action-waiver/
Accessed: April 4, 2026
Classification
Severity
High
Categories

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