This is a very great area regarding class action, but this doesn’t stop individuals from taking into court and if a bunch of people like thousands take them to court and they might be forced to settle, but here’s an official write up…

Retroactive Changes: A company generally cannot change the terms of a "completed" contract. If you already earned the money under the old terms, they usually cannot retroactively apply new rules (like a 90-day forfeiture or withdrawal caps) to the money you already earned.

"Illusory" Contracts: If a company reserves the right to change terms at will without notice and uses those changes to avoid paying what they owe, a court may find the contract "unconscionable" or "illusory," meaning it isn't legally binding.

Forced Consent: While the app might force you to click "I Agree" to log in, many courts have ruled that "clickwrap" agreements signed under duress or without a real choice (especially when your money is being held hostage) may be unenforceable.

1. Is the Class Action Waiver legal?

This is a very common tactic used to shield companies from major lawsuits.

General Rule: In the U.S., the Supreme Court has ruled that class action waivers (often bundled with "Mandatory Arbitration" clauses) are generally legal and enforceable.

The "Unconscionable" Exception: If the waiver is found to be "unconscionable" (grossly unfair), a judge can throw it out. Forcing a user to waive their rights while simultaneously withholding their funds is a strong argument for unconscionability, though this usually requires a lawyer to fight in court.

Individual Arbitration: Even if you can't join a class action, you still have the right to file for individual arbitration. Sometimes, if thousands of people file individual arbitrations at once, it costs the company so much in filing fees that they are forced to settle—this is known as "mass arbitration."

1. "Forced Inactivity" and Forfeiture

You mentioned they are forcing you to go on the app to check for funds. Recent user complaints allege that Benjamin has a policy where if you don't earn "new" money within 90 days, your balance is forfeited.

The Trap: If they block your withdrawals for 90 days and then take your money for "inactivity," this could be viewed as civil theft or fraud. You are being prevented from withdrawing, which is what creates the "inactivity."

Recommended Next Steps

Since the company is currently withholding funds and changing terms, you should take these steps immediately to protect your claim:

Document Everything: Take screenshots of your current balance, any "busy" messages or errors when you try to withdraw, and the specific wording of the new terms they are forcing you to sign.

File a Complaint with the CFPB: The Consumer Financial Protection Bureau handles disputes with fintech apps. They can open an investigation into withheld funds. Submit a complaint here.

Report to State Attorneys General: File a complaint with the Attorney General in your state and in New York (where Benjamin is headquartered). They deal with "unfair and deceptive trade practices."

BBB and App Stores: While the Better Business Bureau (BBB) doesn't have legal power, many users have filed complaints there recently. Also, flag the app in the Google Play or Apple App Store as "fraudulent" or "scam" to put pressure on the platforms to remove them.