If you have a dispute with Public.com, you must resolve it through private arbitration rather than going to court. You have 30 days from when you open your account to opt out of this requirement.
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
The arbitration requirement establishes the procedural mechanism for dispute resolution, specifying individual arbitration as the mandatory forum instead of judicial proceedings. This provision defines the contractual dispute resolution framework that governs how disagreements will be addressed.
Users lose the right to litigate disputes in court, significantly reducing their legal leverage against a well-resourced company. The 30-day opt-out window is narrow and easy to miss for new users.
How other platforms handle this
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You and OpenAI agree to resolve any disputes arising out of or relating to these Terms or our Services through final and binding individual arbitration, except that either party may bring an individual claim in small claims court. You agree to waive your right to a jury trial and to participate in a...
You and Uber 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 or Application (collectively, "Disputes") will be settled by binding arbitration between you and ...
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"In the interest of resolving disputes between you and Public.com in the most expedient and cost effective manner, and except as described in Section 18.2 and 18.3, you and Public.com agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PUBLIC.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.— Excerpt from Public.com's Public.com Terms of Service
The mandatory arbitration clause implicates FINRA arbitration rules for broker-dealer disputes and must be assessed against FTC guidance on unfair or deceptive practices. State-level enforceability varies, particularly in California where arbitration clauses in consumer contracts face additional scrutiny.
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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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The arbitration requirement establishes the procedural mechanism for dispute resolution, specifying individual arbitration as the mandatory forum instead of judicial proceedings. This provision defines the contractual dispute resolution framework that governs how disagreements will be addressed.
Users lose the right to litigate disputes in court, significantly reducing their legal leverage against a well-resourced company. The 30-day opt-out window is narrow and easy to miss for new users.
ConductAtlas has identified this type of provision across 32 platforms. See the full comparison.
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