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The terms require users to waive their right to participate in class, collective, coordinated, consolidated, mass, or representative actions against Uber, limiting disputes to individual proceedings only. The waiver applies in both arbitration and court proceedings, with courts retaining exclusive authority to determine the enforceability of the waiver itself.
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 provision precludes users from joining or initiating group litigation against Uber, including as a participant in a class action initiated by others, except as expressly permitted for classwide settlements. Courts, not arbitrators, have exclusive authority to resolve disputes about the enforceability of the class and mass action waivers.
Interpretive note: Enforceability of class action waivers in adhesion contracts varies by jurisdiction and claim type; California public injunction claims and certain state consumer protection claims may not be fully waivable.
Under this clause, users are contractually precluded from bringing or participating in class, collective, or mass actions against Uber, and from recovering non-individual relief. The agreement permits participation in classwide or representative settlements even where the waiver applies.
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"Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, lawsuit, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief.Excerpt from Uber's Terms of Use
REGULATORY LANDSCAPE: Class and mass action waiver provisions interact with Federal Rule of Civil Procedure 23 and state equivalent class action rules. The FTC and state attorneys general have historically scrutinized such waivers as potentially limiting consumer remedies. California's Consumers Legal Remedies Act and other state consumer protection statutes may impose constraints on the enforceability of class action waivers depending on the nature of the claim. GOVERNANCE EXPOSURE: High. The waiver is asserted to apply not only in arbitration but also in any court proceedings where arbitration is unavailable, meaning the restriction on group litigation is not limited to the arbitration context. The mass action definition, which triggers at 50 or more substantially similar demands within 180 days, is operationally specific and creates a procedural threshold that legal teams must monitor. JURISDICTION FLAGS: California, where public injunction claims under state consumer protection law may not be waivable even in arbitration, creates heightened exposure. The document carves out public injunctive relief where required by law. Illinois and other states with strong consumer protection frameworks may limit enforceability of class waivers in specific claim categories. CONTRACT AND VENDOR IMPLICATIONS: The severability provisions state that if any portion of the class or mass action waiver is found unenforceable, affected claims must proceed in civil court rather than arbitration, but remaining arbitrable individual claims continue in arbitration. This bifurcation mechanism has specific operational consequences for case management. COMPLIANCE CONSIDERATIONS: Legal teams should track judicial decisions regarding the enforceability of class action waivers in adhesion contracts in jurisdictions where Uber operates, particularly California and states with active attorney general consumer protection enforcement. The mass action batching procedure creates separate procedural obligations that require coordinated operational response.
This provision precludes users from joining or initiating group litigation against Uber, including as a participant in a class action initiated by others, except as expressly permitted for classwide settlements. Courts, not arbitrators, have exclusive authority to resolve disputes about the enforceability of the class and mass action waivers.
Under this clause, users are contractually precluded from bringing or participating in class, collective, or mass actions against Uber, and from recovering non-individual relief. The agreement permits participation in classwide or representative settlements even where the waiver applies.
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