If you have a dispute with Zillow, you must resolve it through individual arbitration rather than suing in court, and you cannot join or lead a class action lawsuit against Zillow.
This analysis describes what Zillow'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 removes your ability to participate in class action lawsuits against Zillow, which are often the only practical way consumers can challenge widespread harmful practices given the small size of individual claims.
Consumers lose the right to sue Zillow in court or join a class action, meaning disputes must be resolved individually through arbitration, which typically favors companies over individual claimants in terms of resources and procedural posture.
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YOU AND UNITY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAIN...
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT, AS DESCRIBED BELOW. By agreeing to these Terms, you agree...
You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration, except that you may bring claims in small claims court if they qualify. You may opt out of arbitration within 30 days of agreeing to these Terms by writing to u...
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"PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT LITIGATION. YOU AND ZILLOW 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 Zillow's Zillow Terms of Use
REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act, which generally supports enforcement of arbitration clauses, as well as state-level unconscionability doctrines, particularly in California under Discover Bank and subsequent rulings. The FTC has expressed concern about mandatory arbitration clauses in consumer contracts, and the CFPB has attempted rulemaking in this area, though enforcement posture varies by jurisdiction and administration. GOVERNANCE EXPOSURE: High. The combination of mandatory arbitration and a class action waiver in a consumer-facing real estate platform creates significant exposure if the opt-out mechanism is found insufficiently conspicuous or if the clause is applied to claims arising under state consumer protection statutes that may prohibit arbitration waivers. JURISDICTION FLAGS: California creates heightened exposure given its history of challenging class action waivers under consumer protection law, though McGill v. Citibank establishes that claims for public injunctive relief cannot be waived by arbitration clauses. Illinois, New York, and other states with active consumer protection enforcement may also present friction. CONTRACT AND VENDOR IMPLICATIONS: For B2B partners and agents using Zillow platforms, the arbitration clause may affect their ability to aggregate claims in commercial disputes; procurement teams should assess whether separate commercial agreements supersede these terms. COMPLIANCE CONSIDERATIONS: Legal teams should audit the prominence and delivery of the opt-out notice, confirm the 30-day opt-out window is clearly disclosed at the point of agreement, and assess whether the arbitration provision complies with AAA or JAMS consumer arbitration rules, which impose procedural fairness requirements that may constrain how the clause is administered.
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This clause removes your ability to participate in class action lawsuits against Zillow, which are often the only practical way consumers can challenge widespread harmful practices given the small size of individual claims.
Consumers lose the right to sue Zillow in court or join a class action, meaning disputes must be resolved individually through arbitration, which typically favors companies over individual claimants in terms of resources and procedural posture.
ConductAtlas has identified this type of provision across 28 platforms. See the full comparison.
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