You cannot sue OpenAI as part of a group or class action lawsuit; any legal claim must be brought individually, and arbitrators cannot consolidate multiple users' claims.
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
This provision eliminates the ability to participate in class or representative litigation, which is often the primary practical mechanism for consumers to pursue claims involving small individual amounts but large aggregate harm.
Interpretive note: Enforceability of class action waivers varies by jurisdiction and may be unenforceable for EU consumers or under specific California statutory frameworks.
Users are restricted to individual claims only, meaning that if OpenAI's conduct affects many users in a similar way, each user must pursue a separate individual arbitration proceeding rather than joining a collective action.
How other platforms handle this
CLASS ACTION WAIVER. YOU AND WHATNOT 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. Further, unless both you and Whatnot agree otherwise, the arbitrator may not con...
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...
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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"YOU AND OPENAI 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. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.— Excerpt from OpenAI's Terms of Use (ROW)
REGULATORY LANDSCAPE: The enforceability of class action waivers in consumer contracts is governed by AT&T Mobility LLC v. Concepcion under the Federal Arbitration Act in the US, but remains contested in California and other states under specific statutory protections. EU consumer law, including Directive 93/13 on unfair terms, may render class action waivers unenforceable against EU consumers. GOVERNANCE EXPOSURE: High. Class action waivers in consumer adhesion contracts for AI services are a relatively novel area and may attract regulatory attention as the FTC and state AGs increase scrutiny of AI company consumer terms. JURISDICTION FLAGS: EU and UK jurisdictions are most affected, as consumer protection frameworks there may void this waiver. California's Private Attorney General Act (PAGA) claims are not subject to class action waiver under some interpretations, creating residual exposure for California-based employment or consumer claims. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers whose employees or end users are affected by OpenAI service issues cannot aggregate claims on behalf of their users; each affected individual must proceed separately. This may affect enterprise risk modeling for service disruptions with broad user impact. COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether the class action waiver is presented in a manner that meets the conspicuousness standards required in relevant jurisdictions. For EU operations, compliance teams should assess whether an alternative dispute resolution mechanism compliant with EU ADR Directive requirements is offered.
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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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This provision eliminates the ability to participate in class or representative litigation, which is often the primary practical mechanism for consumers to pursue claims involving small individual amounts but large aggregate harm.
Users are restricted to individual claims only, meaning that if OpenAI's conduct affects many users in a similar way, each user must pursue a separate individual arbitration proceeding rather than joining a collective action.
ConductAtlas has identified this type of provision across 13 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.