Any legal matters relating to your use of Public.com are governed by Delaware law, regardless of where you actually live.
This analysis describes what Public.com'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
Choosing Delaware law may affect which consumer protection rights apply to your dispute, as your home state may offer stronger protections than Delaware for retail investors.
Interpretive note: Courts in consumer-protective jurisdictions like California may decline to enforce the Delaware choice-of-law clause where doing so would deprive users of non-waivable home-state statutory rights, creating practical uncertainty about which law governs in contested disputes.
Users in states with stronger consumer financial protection laws, such as California or New York, may find that Delaware's governing law designation limits their ability to invoke home-state statutory protections in disputes with Public.com, though courts may not always enforce such choice-of-law provisions against consumers.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.— Excerpt from Public.com's Public.com Terms of Service
REGULATORY LANDSCAPE: Choice-of-law clauses designating Delaware law in consumer financial services agreements may require evaluation under applicable state consumer protection statutes, which can override contractual choice-of-law provisions where the consumer's home state has a materially greater interest in the transaction. Courts in California and New York have declined to enforce choice-of-law clauses where doing so would deprive consumers of non-waivable statutory rights under their home state law. GOVERNANCE EXPOSURE: Medium. While Delaware governing law is a standard corporate choice given Delaware's favorable business law framework, its application to retail consumer disputes may create enforcement uncertainty in jurisdictions with strong consumer protection statutes. The interaction with the mandatory arbitration clause, where the arbitrator may be asked to apply Delaware law, creates additional complexity. JURISDICTION FLAGS: California residents have non-waivable statutory rights under the Consumer Legal Remedies Act and CCPA that may not be supplanted by a Delaware choice-of-law clause. New York consumers similarly retain rights under state consumer protection law. EU and UK users, if applicable, retain rights under consumer protection regulations that may override choice-of-law provisions in consumer contracts. CONTRACT AND VENDOR IMPLICATIONS: Commercial partners subject to these terms should assess whether Delaware law is appropriate for their specific business relationship with Public and whether separate commercial agreements with different governing law provisions are available. COMPLIANCE CONSIDERATIONS: Legal teams should map which user jurisdictions create the highest risk of choice-of-law clause unenforceability and whether additional jurisdiction-specific disclosures or carve-outs are warranted. Arbitration proceedings governed by this clause should be assessed for consistency between Delaware law application and the arbitral forum's consumer protection standards.
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Choosing Delaware law may affect which consumer protection rights apply to your dispute, as your home state may offer stronger protections than Delaware for retail investors.
Users in states with stronger consumer financial protection laws, such as California or New York, may find that Delaware's governing law designation limits their ability to invoke home-state statutory protections in disputes with Public.com, though courts may not always enforce such choice-of-law provisions against consumers.
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