OpenAI · OpenAI Terms of Use · View original document ↗

Class Action Waiver

High severity Common · 86 of 343 platforms
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Document Record

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.

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)

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.

Consumer impact (what this means for users)

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.

Cross-platform context

See how other platforms handle Class Action Waiver and similar clauses.

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ConductAtlas Analysis

Institutional analysis (Compliance & governance 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.

Full compliance analysis

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

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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 →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
OpenAI Terms of Use
Entity
OpenAI
Document last updated
May 5, 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
Content hash (SHA-256)
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Analysis generated
March 7, 2026 12:16 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Terms of Use
Record ID: 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: June 10, 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?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 86 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.