Twitch - Lantern

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Consumer Rights
June 27, 2024

Purchased Subscriptions or Bits from Twitch?

Streaming platform Twitch.tv may be violating its users' consumer speech rights by including a term in its Terms of Service and Terms of Sale that prohibits users from making any statements that, in Twitch's sole discretion, disparage or discredit Twitch without its permission. Additionally, Twitch reserves the right to terminate your account or block your future access to the platform for any reason, including if you make a statement that Twitch believes disparages them or their service. This means that if you wrote a negative review of Twitch online, Twitch could prevent you from using the platform or accessing your account. California law prohibits these types of terms in consumer contracts. If you have a Twitch.tv account and purchased a subscription to a streamer, gift subscription, or Bits from Twitch within the past year, you may qualify for a claim under a California consumer speech law of up to $2,500.

This is a case about consumer rights. We allege that the Twitch Terms of Service and incorporated Terms of Sale contain a clause that requires Twitch users to waive their right to make any statement about Twitch, its products, or its services. We are representing clients in individual arbitration claims against Twitch for violating a California law which prohibits these types of contract terms, as well as under California’s consumer protection law.

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This content is for your information only and is not legal advice. We are not your lawyers until you sign an attorney-client agreement with us. All information provided by you is confidential and will only be used for your case.

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How do I know if I might be eligible for this claim?

If you have a Twitch.tv account, live in California, and purchased a subscription to a streamer, gift subscription, or Bits from Twitch within the past year, check and see if you qualify using the link above.

What is this case about?

This case concerns consumer rights. When consumers purchase or lease a good or service from a company, they have the right to express their opinions, whether positive or negative, about the product or service. Consumers should be able to do this without fearing retaliation from the company for making statements the company might dislike, such as negative reviews. They should not be forced to agree to a contract that allows the company to penalize them for such statements. These restrictive terms are known as "non-disparagement" clauses. California law prohibits these clauses in contracts for the sale or lease of goods or services because they deter consumers from freely expressing their opinions.

What is California Civil Code Section 1670.8?

California Civil Code Section 1670.8 is a California law enacted in 2014 which prohibits companies from including terms that require customers to waive their right to make any statement about the company’s goods or services as a condition of purchase. It was enacted in response to a well-publicized news story involving a Utah couple that made a purchase online. The Utah couple wrote a negative review online of the product and the company. The company turned around and demanded $3,500 from the couple pursuant to a non-disparagement clause that the company claimed was in its Terms of Use. When the couple refused to pay, the company reported their “debt” to several credit reporting agencies, demanding an additional $50 “dispute fee” when the couple tried to dispute the debt with the credit reporting agencies.

The California legislature enacted Section 1670.8 in order to protect Californian consumers from the contract clauses at issue in the Utah couple’s case, and to ensure that companies can’t unfairly chill consumer speech as a condition of purchasing their products or services. For more details, you can view the statutory text of the law here.

What is arbitration?

Arbitration is a private dispute resolution process. Your claim will not be filed in court. Your claim will be decided by an arbitrator, who is a neutral person chosen by you and the company. We can select an arbitrator for you who is fair and neutral.

How do your fees work?

Our fees will be a percentage of the settlement or recovery we obtain for you. That amount will depend on the rules in the state you live in. We only receive a fee if you win, and you will never owe us any money.