This provision prohibits US users from bringing or participating in class action lawsuits or representative proceedings against Uber, and waives the right to a jury trial for all covered disputes. Claims must be brought individually.
This analysis describes what Uber'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 clause, combined with the mandatory arbitration provision, establishes that all US user disputes with Uber must proceed on an individual basis only, precluding class or collective claims. The jury trial waiver applies in addition to the arbitration requirement.
Interpretive note: Enforceability of the class action waiver for public injunctive relief claims may be limited in California under the McGill rule, and EU/UK users are excluded from this provision under applicable regional supplemental terms.
Under this clause, users cannot participate as a plaintiff or class member in any class action or representative lawsuit against Uber. Any claims must be brought individually, which may affect the practical viability of pursuing low-value disputes.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
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 ...
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND NETFLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless ...
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"YOU AND UBER WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND UBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.— Excerpt from Uber's Uber Terms of Use
1) REGULATORY LANDSCAPE: Class action waivers in consumer contracts interact with Federal Rule of Civil Procedure 23 and state equivalents. The enforceability of such waivers has been addressed by the US Supreme Court in AT&T Mobility LLC v. Concepcion, which upheld class action waivers in arbitration clauses under the FAA, though subsequent California authority (McGill) creates carve-outs for public injunctive relief claims. The FTC monitors class action waivers as part of its consumer protection mandate. 2) GOVERNANCE EXPOSURE: High. The class action waiver, if enforceable, channels all consumer disputes to individual proceedings, which may reduce aggregate litigation exposure for Uber but may also attract regulatory scrutiny in jurisdictions with strong class action protections. 3) JURISDICTION FLAGS: California presents the highest exposure due to the McGill rule limiting class action waivers for public injunctive relief. EU and UK users are excluded from this provision under regional supplemental terms. Washington state and New Jersey have also applied scrutiny to class action waivers in consumer contracts. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers and business account holders should assess whether this waiver applies to their account type or whether separate B2B terms govern their relationship with Uber. 5) COMPLIANCE CONSIDERATIONS: Any modification to this clause should be disclosed with renewed opt-out opportunities. Compliance teams should monitor ongoing FTC and state AG enforcement posture regarding class action waivers in digital consumer contracts.
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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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This clause, combined with the mandatory arbitration provision, establishes that all US user disputes with Uber must proceed on an individual basis only, precluding class or collective claims. The jury trial waiver applies in addition to the arbitration requirement.
Under this clause, users cannot participate as a plaintiff or class member in any class action or representative lawsuit against Uber. Any claims must be brought individually, which may affect the practical viability of pursuing low-value disputes.
ConductAtlas has identified this type of provision across 15 platforms. See the full comparison.
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