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MassArbitration
Mass Arbitration

Opt-Out Clause

A window in which a consumer may reject the arbitration agreement without losing the underlying service.

Opt-out rights are the standard drafting answer to procedural unconscionability: a consumer who could have declined arbitration is harder to describe as coerced. Their curative power is not unlimited. Courts have discounted opt-outs buried in long agreements, opt-outs presented at a moment of transactional urgency, and opt-outs that must be re-exercised annually to remain effective.

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