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If you have a dispute with Square, you must resolve it through private arbitration rather than suing them in court. This applies to almost all disputes arising from your use of Square's services.
This analysis describes what Square'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
Arbitration is typically faster but limits your ability to appeal decisions, gather evidence, and obtain certain remedies that courts can provide.
The updated terms modify how arbitration disputes are resolved when 25 or more similar claims are brought against Square. Previously, Square's terms referenced 'Bellwether Arbitration procedures' under which test cases would be selected and remaining demands could proceed individually under standard rules if settlement failed. The updated framework establishes a mandatory mediation phase after initial arbitrations resolve, and requires remaining claims to proceed in batches of up to 100 rather than individually, with one arbitrator and consolidated fees per batch. This may reduce the procedural flexibility for claimants pursuing claims outside the initial test-case group, though the batch structure may reduce overall administrative costs. The terms now explicitly state that NAM shall administer batches concurrently and that parties will engage in a 'single global mediation' before batch proceedings commence.
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The mandatory arbitration clause raises CFPB compliance concerns given ongoing regulatory scrutiny of pre-dispute arbitration agreements in financial services contracts; legal teams should assess enforceability under applicable state law and CFPB rulemaking developments.
Regulatory citations, enforcement risk, and due diligence action items.
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561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
Arbitration is typically faster but limits your ability to appeal decisions, gather evidence, and obtain certain remedies that courts can provide.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Square.