IANAL. According to [1] they are legal per Supreme Court precedent, but it also says: "Contract formation is increasingly scrutinised. Following Concepcion an

IANAL. According to [1] they are legal per Supreme Court precedent, but it also says: "Contract formation is increasingly scrutinised. Following Concepcion and its progeny, some courts have focused on issues of contract formation to determine whether the consumer in fact agreed to arbitration and the class action waiver. This inquiry is largely confined to online transactions, where a consumer is deemed to have consented to arbitration by using the business's website to purchase goods or services. These contracts fall within the rubric of "clickwrap," "browsewrap," or "webwrap" agreements and their enforceability is beyond the scope of this article. However, it is important to note that the courts will refuse to enforce class action waivers and arbitration agreements in such agreements when the arbitration provisions were insufficiently conspicuous to ensure the consumer objectively agreed to their terms." The article also mentions that non-negotiable consumer contracts are viewed with more suspicion by some courts. 1. https://content.next.westlaw.com/practical-law/document/I9f163d1a04d111e798dc8b09b4f043e0/The-use-and-enforceability-of-class-action-waivers-in-arbitration-agreements-in-the-United-States?viewType=FullText&transitionType=Default&contextData=(sc.Default)#:~:text=Class%20waivers%20in%20both%20consumer,when%20correctly%20structured%20and%20implemented https://content.next.westlaw.com/practical-law/document/I9f1....