Discord — Policy Change
Executive Summary
Discord quietly added a mandatory binding arbitration clause and class-action waiver to its Terms of Service, coinciding with its launch of a game store and Nitro subscription games. The change provoked significant user backlash, as Discord initially provided no advance notice. Discord subsequently published a blog post explaining the changes and offered a 90-day opt-out window via email.
What Happened
Discord updated its Terms of Service in October 2018 to include a mandatory binding arbitration clause and class-action waiver, requiring users to resolve disputes through arbitration rather than lawsuits. The changes were implemented quietly without advance notice, prompting significant user backlash. Following the criticism, Discord published a blog post explaining the changes and offered users a 30-day window to opt out by emailing a designated address, with the new terms taking effect on October 23, 2018.
Who Is Affected
All Discord users are affected by this policy change and are automatically opted in by default to the arbitration clause and class-action waiver. Users who wish to preserve their right to file individual lawsuits can opt out within the first 30 days by sending an email to the specified opt-out address. The class-action waiver appears to apply regardless of opt-out status based on the source material.
Why It Matters
This change significantly restricts users' legal rights by preventing them from joining class-action lawsuits, which can be important mechanisms for holding companies accountable when many users are harmed in similar ways. Discord acknowledged that successful class actions typically result in lawyers receiving millions while individual users receive minimal compensation ranging from ten cents to tens of dollars. The timing coincided with Discord's expansion into commercial services including a game store and Nitro subscription games.
What You Should Do
If you are a Discord user and want to preserve your right to file individual lawsuits, you must send an opt-out email to the designated arbitration opt-out address within the specified timeframe. Review Discord's updated Terms of Service to understand what legal rights you are waiving by continuing to use the platform. Be aware that the opt-out may not apply to the class-action waiver portion of the terms based on the available information.
AI-Assisted
Event summaries are generated by Claude AI from verified sources and reviewed by humans before publication.
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