What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'legal@scale.com', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Opting out of arbitration also preserves your right to participate in class actions. Send written notice to Scale AI within 30 days of accepting the terms, stating your name, email, and that you are opting out of the arbitration and class action waiver provisions.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'FTC has authority under Section 5 to challenge unfair or deceptive class action waivers in consumer contracts that substantially impair consumer remedies.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Class Action Waiver clauses across approximately 60 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Class Action Waiver — Scale AI

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What it is

You give up your right to join or lead a class action lawsuit against Scale AI — every dispute must be handled individually, which makes it far less practical to pursue small claims.

Consumer impact (what this means for users)

This waiver means that if Scale AI's practices harm thousands of users in small amounts — for example, through a data breach or billing error — no group of users can sue collectively, making accountability far harder to achieve.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration
Within 30 days
Opting out of arbitration also preserves your right to participate in class actions. Send written notice to Scale AI within 30 days of accepting the terms, stating your name, email, and that you are opting out of the arbitration and class action waiver provisions.

Cross-platform context

See how other platforms handle Class Action Waiver and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

Class actions allow many consumers to pool small claims into a meaningful lawsuit; waiving this right effectively insulates Scale AI from liability for widespread but individually minor harms.

View original clause language

YOU AND SCALE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Implicates Federal Arbitration Act (9 U.S.C. §2), FRCP Rule 23 (class action procedure), California Code of Civil Procedure §382, and potentially CCPA §1798.150 which preserves private rights of action for data breaches. FTC Act Section 5 enforcement applies. Primary regulator: FTC with concurrent California AG authority.

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Applicable agencies

FTC

FTC has authority under Section 5 to challenge unfair or deceptive class action waivers in consumer contracts that substantially impair consumer remedies.
File a complaint →

Provision details

Document information

Document

Scale AI Terms of Service

Entity

Scale AI

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004325

Document ID

CA-D-00469

Evidence Provenance

Source URL

https://scale.com/terms

Wayback Machine

View archived versions →

SHA-256

b5bb4058a72d1d21c6706e97067d66c6b5088984116f1509d8cfe03bbd813730

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Scale AI | Document: Scale AI Terms of Service | Record: CA-P-004325
Captured: 2026-04-30 08:42:44 UTC | SHA-256: b5bb4058a72d1d21…
URL: https://conductatlas.com/platform/scale-ai/scale-ai-terms-of-service/class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Class Action Waiver