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.
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 ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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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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