Class Action Waiver
A term barring claimants from proceeding on a class, collective, or representative basis.
The provision at the heart of the whole system. Made broadly enforceable in the consumer setting in 2011 and in the employment setting in 2018, the class waiver removed Rule 23 as an option for tens of millions of claimants — and thereby created the conditions in which coordinated individual filing became the only remaining aggregation strategy.
See also
- Mass ArbitrationHundreds or thousands of individually filed, legally identical arbitration demands brought against one respondent at once.
- Class ActionA representative action in which a named plaintiff litigates on behalf of a defined class.
- FAA PreemptionThe displacement of state law that obstructs enforcement of arbitration agreements.
- Blow-Up ProvisionA term providing that if part of the arbitration scheme fails, the whole agreement — or the class waiver — falls with it.
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