The agreement requires users and Whatnot to bring any claims only in an individual capacity, prohibiting participation in class action or representative action proceedings.
This analysis describes what Whatnot'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, in conjunction with the mandatory arbitration provision, requires all claims to proceed individually, which may affect the practical ability of users to pursue low-value claims where individual arbitration costs may be disproportionate to potential recovery.
Interpretive note: Enforceability of class action waivers in consumer contracts varies by jurisdiction; state law challenges may limit enforcement in California and other states with active consumer protection frameworks.
Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →The updated terms establish a formal opt-in creator program for UK users that permits Whatnot to collect, edit, modify, translate, and promote user-submitted content (videos, images, captions, account information) across its own channels and third-party platforms (TikTok, Instagram, paid social) for one year from submission. Under the revised framework, creators who participate must provide raw video files, tax documentation, and payment information before receiving program benefits, and Whatnot retains discretion to reject submissions, change reward amounts, or terminate the program entirely. Whatnot is not responsible for payment delays caused by incomplete documentation. You can decline participation entirely by not submitting content to the program, or submit selectively and control what content you make available.
View change record →Removed the arbitrator consolidation language and completely eliminated the jury trial waiver clause from this provision.
View full change record →The agreement requires each user to bring claims only on an individual basis, not as part of a class or representative action. This applies to all disputes covered by the arbitration provision.
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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"CLASS ACTION WAIVER. YOU AND WHATNOT 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 ACTION.— Excerpt from Whatnot's Whatnot Terms of Service
1. REGULATORY LANDSCAPE: Class action waivers in consumer contracts are regulated under state consumer protection statutes and have been subject to challenge under California's Consumers Legal Remedies Act and similar state laws. The FAA generally preempts state law challenges to class action waivers in arbitration clauses under existing federal precedent, though this area of law remains active. The FTC and state attorneys general are the primary enforcement authorities. 2. GOVERNANCE EXPOSURE: High. Class action waivers in consumer contracts face ongoing regulatory scrutiny. The combination of mandatory arbitration and class action waiver in a consumer marketplace context creates governance exposure in jurisdictions with active consumer protection enforcement. 3. JURISDICTION FLAGS: California, New Jersey, and Washington present heightened exposure. EU and UK consumer protection frameworks may limit enforceability of class action waivers for users in those jurisdictions. 4. CONTRACT AND VENDOR IMPLICATIONS: Sellers and business partners contracting with Whatnot should assess whether this waiver applies to commercial disputes and whether it conflicts with any separately negotiated dispute resolution terms in seller or partner agreements. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the class action waiver disclosure is presented with sufficient prominence and whether applicable state law requires additional notice or cooling-off periods beyond the 30-day arbitration opt-out.
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This clause, in conjunction with the mandatory arbitration provision, requires all claims to proceed individually, which may affect the practical ability of users to pursue low-value claims where individual arbitration costs may be disproportionate to potential recovery.
The agreement requires each user to bring claims only on an individual basis, not as part of a class or representative action. This applies to all disputes covered by the arbitration provision.
ConductAtlas has identified this type of provision across 86 platforms. See the full comparison.
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