Forced Arbitration Tracker
After receiving a slew of emails about updated policies from various companies within the past few months, many of which are sneaking in the Forced Arbitration clauses which either force or trick users into opting out of the legal ability to sue or join class action lawsuits.
What this means is that, if you do business with any of these companies, you will no longer be able to sue or join a class action lawsuit against them unless your individual damages exceed $10,000 in many cases, or your situation meets a fingerfull of other exigent circumstances.
If this offends any company sneaking in forced arbitration, I’m not sorry, and I plead the first. I do feel that this is and shall be a protected use of first amendment freedom of speech clauses. If any action is taken against me on this I will consider it as a violation of my Constitutional rights and will fight it as such, using civil rights attorneys if necessary.
I am very against this because it sets a precedent to not hold companies accountable for repeated failures, planned obsolescence, making things unrepairable, privacy invasions, price gouging, and data breaches. This is my way of pointing out how much of an issue this is becoming, to show consumers and lawmakers that this is not an isolated problem. I am hoping that this will get some media attention and hopefully will result in some legal action from our fine lawmakers.
Planning into the future, I will update this as I get email notifications of planned changes of Terms and Conditions. And if they have forced arbitration clauses in the changes, they will be posted here. Also I may post the .md file on GitHub as its own repo and allow others to add to it via PR. I’m going to try to keep them in alphabetical order as well:
Table of Contents:
Amazon
Updated: September 14th, 2022
Type: Specific court without jury
Text in Conditions of Use:
Any dispute or claim relating in any way to your use of any Amazon Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
Apple Payments
Effective: August 6th, 2019
Type: Individual Arbitration with JAMS rules
Text in Terms and Conditions:
Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Apple Payments, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, you and Apple Payments hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
Coffee Meets Bagel
Introduced and Updated: March 30th 2024
Type: Individual Arbitration
Texts in Terms of Service:
Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19 below for details, including the procedure for opting out of arbitration.
…
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or your relationship with Coffee Meets Bagel, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding (the “Arbitration Agreement”). You and Coffee Meets Bagel agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, and that you and Coffee Meets Bagel are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Arbitration Agreement.
Discord
Introduced and Updated: March 15th, 2024
Goes into effect: April 15th, 2024
Type: American Arbitration Association (AAA)
Text in Terms of Service:
Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to Discord, please send an email with the subject line “Arbitration Demand” to disputes@discordapp.com.
If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Discord submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference.
Google (Store for Pixel Phones)
Introduced and Updated: October 4th, 2024
Type: American Arbitration Association (AAA)
Text in Google Stores Sales Terms:
PLEASE CAREFULLY READ THE TERMS, INCLUDING THE AGREEMENT TO ARBITRATE IN SECTION 23, MEANING THAT ANY DISPUTE RELATED TO YOUR DEVICE AND/OR SUBSCRIPTION SERVICES PURCHASED FROM THE STORE WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS.
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(a) Generally. It’s in both of our interests to resolve disputes in the quickest and most cost-effective way. If any dispute arises that relates to these Terms or any Device and/or Subscription Services that you purchase from the Store (regardless of the type of dispute, but subject to a few exceptions below), you and Google agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate is subject to and governed by the Federal Arbitration Act (“FAA”) and is intended to be broadly interpreted. It includes, for example:
- any disputes relating to these Terms or your purchase of a Device and/or Subscription Services from the Store;
- any disputes regarding the design, performance, features, or functionality of your Device and/or Subscription Services;
- any disputes regarding your use of your Device and/or Subscription Services;
- any disputes regarding updates, modifications, or upgrades to your Device and/or Subscription Services;
- any disputes based on the Device warranty or based on Device defects whether or not the Device is under warranty;
and this agreement to arbitrate applies:
- whether your dispute is with Google, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Device and/or Subscription Services, and their officers, directors, employees, agents and successors; and
- regardless of the legal theory on which you base your claim (such as breach of warranty, breach of contract, negligence, etc.).
For disputes or claims relating to your Device and/or Subscription Services, this agreement to arbitrate supersedes any terms regarding dispute resolution in any other agreement between you and Google and contains the whole agreement between us with respect to disputes or claims relating to your Device and/or Subscription Services.
(b) Exceptions. However, you and Google: (i) may still bring an individual action in small claims court; (ii) may still pursue an enforcement action through a federal, state, or local agency if that action is available; and (iii) must file suit in court to address an intellectual property rights infringement claim (as set forth in Section 23(l) below). Also, nothing in this agreement to arbitrate bars either of us from bringing issues to the attention of federal, state, or local agencies.
(c) Rules. The American Arbitration Association (“AAA”) will administer the arbitration and will do so according to its Consumer Arbitration Rules (the “AAA Rules”). You can see the AAA Rules and filing forms online at www.adr.org.
…
(f) No Class Actions. By agreeing to arbitration, to the fullest extent legally permissible, we each may bring claims relating to these Terms, your Device and/or Subscription Services only in our individual capacities and not in a class action. Also, to the fullest extent legally permissible, the arbitrator can’t consolidate claims into a class proceeding either. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief that is warranted by your individual claim, and not any remedy that affects other Google customers or users. However, if a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Santa Clara County, California, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.
LG
Introduced and Updated: September 20th, 2020 (Tentative from Wayback Machine/archive.org data)
Type: American Arbitration Association (AAA)
Text in Arbitration Agreement (separate from regular terms):
ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND LG ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
…
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or LG must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 1000 Sylvan Avenue Englewood Cliffs, NJ 07632. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Microsoft
Introduced and Updated: 2017 (From Wayback Machine/archive.org data)
Type: American Arbitration Association (AAA)
Restrictions:
- Small claims: Allowed
- Class Action: Not allowed
Text in Arbitration page:
We’ve added informal dispute resolution and binding arbitration clauses to many of our agreements and warranties for customers who live in the United States. Those agreements encourage Microsoft to resolve disputes informally within 60 days. If we can’t, either of us may commence arbitration with the American Arbitration Association. An impartial arbitrator near where you live—or in King County (Seattle area), Washington, if you prefer—will consider both sides and resolve the dispute promptly. Or you can bring an action in small claims court, either in the county where you live or in King County, Washington if you meet the court’s normal requirements.
Our arbitration agreements offer speedy and fair individual dispute resolution, but do not permit class action lawsuits or class-wide arbitration for customers who live in the United States. Class action lawsuits usually last for years. Our agreements strongly encourage Microsoft to resolve disputes informally before they get to arbitration, and our arbitration provisions are among the most generous in the country. For instance, we promptly reimburse filing fees, and, where we offer less to resolve a dispute informally than an arbitrator ultimately awards, we will pay the greater of the award or $1,000 for most software, devices, or services plus the customer’s reasonable attorney’s fees.
Send us a Notice of Dispute only if you’ve tried to get help from a customer service representative first and are unsatisfied with the resolution.
Paypal
Introduced and Updated: January 16th, 2024
Type: Individual Arbitration
Text in User Agreement:
… These terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with each of the other terms or agreements on the Legal Agreements page that apply to you and the following additional policies:
…
You and PayPal each agree that any and all disputes or claims that have arisen or may arise between you and PayPal, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration or in small claims court. You or PayPal may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
…
You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal customers.
Square
Updated: December 6th, 2023
Goes into effect: January 6th, 2024
Type: Individual Arbitration
Text in General Terms of Service:
You and Square agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SQUARE.
Last Modified: Sunday, March 31, 2024 at 1:24PM
