All disputes with Oscar arising from these Terms must be resolved through individual binding arbitration in New York under JAMS Streamlined Rules, and users waive the right to participate in class actions or class arbitration. Oscar retains the right to seek injunctive or equitable relief in court.
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
This provision requires disputes to proceed through individual arbitration administered by JAMS in New York, New York, and includes an explicit waiver of jury trial and class action participation. The clause also includes a detailed bellwether process for coordinated proceedings involving 25 or more similar claims, which can delay individual claim resolution and may result in remaining claimants being redirected to New York courts rather than arbitration.
Interpretive note: Enforceability of the class action waiver and bellwether process may vary by jurisdiction, particularly in California and other states with heightened consumer arbitration protections.
Under this clause, users who have disputes with Oscar must pursue them individually through JAMS arbitration rather than in court or as part of a class. Users who are part of coordinated proceedings of 25 or more similar claims may experience resolution delays due to the bellwether process, and those whose claims are not resolved in bellwether proceedings may be required to litigate in New York state or federal court.
Cross-platform context
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Compare across platforms →"Any dispute arising from or relating to the subject matter of these Terms ('Dispute') shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ('JAMS') then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OSCAR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.Excerpt from Oscar Health's Terms of Use
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This provision requires disputes to proceed through individual arbitration administered by JAMS in New York, New York, and includes an explicit waiver of jury trial and class action participation. The clause also includes a detailed bellwether process for coordinated proceedings involving 25 or more similar claims, which can delay individual claim resolution and may result in remaining claimants being redirected …
Under this clause, users who have disputes with Oscar must pursue them individually through JAMS arbitration rather than in court or as part of a class. Users who are part of coordinated proceedings of 25 or more similar claims may experience resolution delays due to the bellwether process, and those whose claims are not resolved in bellwether proceedings may be …
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