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The agreement requires that most disputes between users and Zillow be resolved through individual binding arbitration rather than court proceedings, and users waive the right to participate in class or representative actions. The agreement permits either party to bring qualifying small claims court actions as an exception.
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 provision requires disputes to proceed through individual arbitration administered under specified rules, which means each user must pursue claims separately rather than collectively. The aggregate liability cap of $100 or prior fees paid operates in conjunction with this clause, defining the maximum recovery available through the arbitration process.
Interpretive note: Enforceability of the class action waiver and mandatory arbitration clause varies by jurisdiction, particularly under California consumer protection law and EU consumer rights frameworks.
The updated terms establish explicit consent for Zillow to contact you through email, phone calls, text messages, and in-app features using automatic dialing systems and prerecorded voices. These communications may include advertising or marketing offers alongside transactional messages. Message and data rates may apply depending on your carrier, and contact frequency will vary based on your account activity. You can opt out of text messages at any time by replying STOP, and calls with Zillow employees may be recorded for quality control and internal business purposes.
View change record →Under this clause, users who have disputes with Zillow must pursue claims individually through arbitration rather than through class action litigation or jury trial. The agreement states that users waive participation in class or representative proceedings, and the combined effect with the $100 liability cap defines the financial ceiling of any individual arbitration outcome.
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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 JURY TRIALS OR CLASS ACTIONS. Except for certain types of disputes described below, you and the Zillow Companies agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, 'Disputes') will be settled by binding arbitration on an individual basis.Excerpt from Zillow's Terms of Use
1. REGULATORY LANDSCAPE: The arbitration clause implicates the Federal Arbitration Act as the governing framework for enforceability. The class action waiver may interact with California consumer protection statutes including the Consumer Legal Remedies Act and the Unfair Competition Law, which have been grounds for challenging arbitration waivers in California courts. The FTC has signaled regulatory interest in mandatory arbitration clauses in consumer contracts. Enforceability is jurisdiction-dependent and should not be assumed. 2. GOVERNANCE EXPOSURE: High. The combination of mandatory individual arbitration and a $100 aggregate liability cap materially defines the dispute resolution framework for all users across twelve platforms. This structure is common in consumer platform agreements but faces ongoing legal scrutiny, particularly in California and in contexts involving consumer protection claims. 3. JURISDICTION FLAGS: California presents heightened exposure given judicial and legislative activity around consumer arbitration waivers. EU and EEA users may have separate statutory rights that limit the enforceability of mandatory arbitration in their jurisdictions. Any user population subject to state consumer protection statutes that restrict arbitration waiver enforcement warrants jurisdiction-specific review. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B or professional account users (real estate agents, lenders) are also subject to this clause unless carved out by a separate commercial agreement. Procurement and legal teams should verify whether a separate commercial agreement with Zillow modifies these dispute resolution terms before relying on this clause for vendor risk assessment. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the opt-out mechanism (written notice within 30 days of first acceptance) has been communicated to affected business users and whether internal processes exist to track opt-out deadlines. For California-based operations, counsel should assess current enforceability under applicable state law before assuming the class waiver will be upheld.
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This provision requires disputes to proceed through individual arbitration administered under specified rules, which means each user must pursue claims separately rather than collectively. The aggregate liability cap of $100 or prior fees paid operates in conjunction with this clause, defining the maximum recovery available through the arbitration process.
Under this clause, users who have disputes with Zillow must pursue claims individually through arbitration rather than through class action litigation or jury trial. The agreement states that users waive participation in class or representative proceedings, and the combined effect with the $100 liability cap defines the financial ceiling of any individual arbitration outcome.
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