The agreement requires that all disputes related to these Terms be resolved through individual binding arbitration administered by JAMS in San Francisco County, California, conducted by a single commercial arbitrator. Users and Substack each waive the right to participate in class action proceedings.
This analysis describes what Substack'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
This provision requires disputes to proceed through individual arbitration rather than court litigation, and establishes JAMS Streamlined Arbitration Rules as the governing procedure with venue fixed in San Francisco County. Under this clause, users waive participation in class or collective actions, meaning disputes must be pursued individually through the arbitration process.
Interpretive note: Enforceability of the class action waiver and mandatory arbitration clause may vary by jurisdiction, particularly for EU consumers and in certain US state courts applying unconscionability doctrine.
Removal of procedural language regarding arbitrator selection from 'appropriate list of JAMS arbitrators' truncates the provision but maintains core arbitration requirement.
View full change record →Under this clause, disputes between users and Substack must be submitted to individual arbitration in San Francisco, California, and users agree not to bring or participate in class action claims. The agreement requires disputes to follow JAMS Streamlined Arbitration Rules, which involves fees and procedures distinct from court litigation.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.Excerpt from Substack's Terms of Use
1) REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer contracts are subject to scrutiny under the FTC Act and applicable state consumer protection laws.
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
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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This provision requires disputes to proceed through individual arbitration rather than court litigation, and establishes JAMS Streamlined Arbitration Rules as the governing procedure with venue fixed in San Francisco County. Under this clause, users waive participation in class or collective actions, meaning disputes must be pursued individually through the arbitration process.
Under this clause, disputes between users and Substack must be submitted to individual arbitration in San Francisco, California, and users agree not to bring or participate in class action claims. The agreement requires disputes to follow JAMS Streamlined Arbitration Rules, which involves fees and procedures distinct from court litigation.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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