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California Civil Code Section 1542 Waiver

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Document Record

What it is

California residents are asked to waive California Civil Code Section 1542, which otherwise protects against general releases of unknown claims. Non-California residents are asked to waive equivalent protections under their own jurisdiction's law.

This analysis describes what Oscar Health'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 asserts a waiver of California Civil Code Section 1542 for California residents, which, if enforceable, would mean that any release of claims against Oscar in connection with these Terms extends to claims the user did not know existed at the time of the release. The enforceability of this waiver in consumer contracts under California law may depend on the specific circumstances of the release.

Interpretive note: Enforceability of a Section 1542 waiver in a general consumer Terms of Service, rather than a specific settlement agreement, may depend on California court interpretation and the specific context of any claim.

Consumer impact (what this means for users)

Under this clause, California residents agree to waive the statutory protection that otherwise prevents a general release from covering unknown claims. Non-California residents are asked to waive similar protections under their own jurisdiction's law. Whether this waiver is enforceable in the context of a consumer platform Terms of Service is a question that may depend on applicable law.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

Excerpt from Oscar Health's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1. REGULATORY LANDSCAPE: California Civil Code Section 1542 waivers in consumer contracts are subject to scrutiny under California law. Courts have found such waivers enforceable in certain commercial contexts but have at times declined to enforce them in consumer adhesion contracts where the parties did not knowingly and voluntarily agree to release unknown claims. 2. GOVERNANCE EXPOSURE: Medium. The inclusion of a Section 1542 waiver for non-dispute-settlement contexts, such as general Terms of Service acceptance, may face enforceability challenges. The waiver of equivalent protections for non-California residents is broad and may not be enforceable in all jurisdictions. 3. JURISDICTION FLAGS: California courts have scrutinized the context and circumstances under which Section 1542 waivers are presented to determine enforceability. Other states may have analogous protections that are not waivable by contract in consumer contexts. 4. CONTRACT AND VENDOR IMPLICATIONS: Legal teams should assess whether this waiver is intended to apply to dispute settlements specifically or to the general Terms of Service acceptance, as its operational scope may be subject to challenge depending on interpretation. 5. COMPLIANCE CONSIDERATIONS: The enforceability of this waiver should be reviewed by California-focused legal counsel, particularly in the context of ongoing regulatory scrutiny of consumer contract terms by the California Attorney General and California courts.

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Applicable agencies

  • State AG
    The California Attorney General may have jurisdiction to review Section 1542 waivers in consumer adhesion contracts under California consumer protection law
    File a complaint →

Provision details

Document information
Document
Oscar Health Terms of Use
Entity
Oscar Health
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-074460
Document ID
CA-D-00431
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
b343904ebd109b55ea73e7fc5c2049fe33116371ab1554f8f4d5e7ff66e06edf
Analysis generated
July 12, 2026 16:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Oscar Health
Document: Oscar Health Terms of Use
Record ID: CA-P-074460
Captured: 2026-07-12 16:51:48 UTC
SHA-256: b343904ebd109b55…
URL: https://conductatlas.com/platform/oscar-health/oscar-health-terms-of-use/provision/CA-P-074460/california-civil-code-section-1542-waiver/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Oscar Health's California Civil Code Section 1542 Waiver clause do?

This provision asserts a waiver of California Civil Code Section 1542 for California residents, which, if enforceable, would mean that any release of claims against Oscar in connection with these Terms extends to claims the user did not know existed at the time of the release. The enforceability of this waiver in consumer contracts under California law may depend on …

How does this clause affect you?

Under this clause, California residents agree to waive the statutory protection that otherwise prevents a general release from covering unknown claims. Non-California residents are asked to waive similar protections under their own jurisdiction's law. Whether this waiver is enforceable in the context of a consumer platform Terms of Service is a question that may depend on applicable law.

Is ConductAtlas affiliated with Oscar Health?

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