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
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"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 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 …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Public.com.