The debtors contend that the class action waiver is unenforceable. While arbitration agreements have been subject to recently-developed federal.Arbitration clauses with a waiver of class-action litigation rights. Overview of the Unconscionability. A class action waiver is a provision found in some contracts which prohibits a party from filing a class action legal proceeding against the other party. "Filing" means to give documents to the court. Attorneys are required to eFile all documents with the court. Additionally, Plaintiffs Miller and Marty's arbitration agreements contained class action waivers.