As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
issues relating to arbitrability or the existence, validity, scope, or enforceability of the arbitration provision, whether a dispute can or must be brought in arbitration, whether this version, or a prior version, of the arbitration provision applies to a dispute
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If you fully complied with subsection 1.3.2.2, and the arbitrator awards you more relief on the merits (not counting attorneys’ fees, costs, and expenses) than the value of our last written settlement offer made before the arbitration record closes, then we will: pay you the amount of the award or $10,000, whichever is greater (the “Alternative Payment”); and pay the attorney you retained, if any, twice the amount of reasonable attorneys’ fees and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably incurs for investigating, preparing, and pursuing your claim in arbitration (the “Attorney Premium”). If we did not make a written settlement offer before the arbitration record closes, and the arbitrator awards you any relief on the merits (not counting attorneys’ fees, costs, and expenses), we will pay the Alternative Payment and the Attorney Premium.
Fee or cost shifting against the consumer
Reviewed category: provider-fee-rules-apply-if-claim-found-improper
If, however, the arbitrator finds that your claim or request for relief is frivolous or brought for an improper purpose (applying Federal Rule of Civil Procedure 11(b) standards), then the allocation and payment of all fees will be governed by the JAMS fee schedule.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Any arbitration or small claims court proceeding cannot begin until after the Informal Resolution Period has ended... If any aspect of these requirements has not been met, a court of competent jurisdiction can enjoin the filing or prosecution of an arbitration or small claims court proceeding.
Mass-arbitration terms
Reviewed category: staged-bellwether
If 25 or more claimants (including you) submit Notices to AT&T or seek to file arbitration demands raising similar claims, and they are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), you and AT&T agree that the JAMS Mass Arbitration Procedures and Guidelines apply, as modified by this Agreement. You agree to this process even though it may delay the arbitration of your claim, and your dispute might end up in court. In the first stage, claimants’ counsel and AT&T will each select 20 cases (40 cases total) to be filed in arbitration and resolved individually by different arbitrators.
Small-claims carve-out
Reviewed category: available-standard-carve-out
Despite this arbitration provision, either you or AT&T may bring a dispute or elect to have a dispute heard in the small claims court for the county (or parish) of your billing address. Disputes submitted to small claims court are not subject to arbitration, so long as they remain in that court and advance only individual (non-class, non-representative) claims seeking individualized requests for relief. The small claims court will decide whether a dispute is within its jurisdictional limits in the first instance, and otherwise, a court of competent jurisdiction will decide.
Opt-out
Reviewed category: change-rejection-only
Notwithstanding any provision in this Agreement to the contrary, if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S. Mail within 30 days of the first notice of the change to Legal Department – Revised Arbitration Opt-Out, AT&T, 208 S. Akard, Office #2900.13, Dallas, Texas 75202.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
Notwithstanding any provision in this Agreement to the contrary, if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S. Mail within 30 days of the first notice of the change to Legal Department – Revised Arbitration Opt-Out, AT&T, 208 S. Akard, Office #2900.13, Dallas, Texas 75202. Include your name, address, phone number, account number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and AT&T in accordance with the language of this version of the arbitration provision.
Scope
Reviewed category: broad-plus-survives-termination
To the greatest extent permitted under the Federal Arbitration Act, AT&T and you agree to arbitrate all disputes and claims between you and AT&T, except for claims arising from bodily injury or death. The scope of this arbitration provision is intended to be broadly interpreted. ... This arbitration provision will survive termination of this Agreement.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator's ruling will not be binding or have any preclusive effect in proceedings involving different customers.
Shortened limitations period
Reviewed category: shortened-to-2-years
To the greatest extent permitted by law, you must commence any legal action, whether by filing a lawsuit in small claims court or by filing a demand for arbitration, within two years of the date of the event or facts giving rise to the dispute, or you waive the right to pursue that claim (this contractual limitations period is tolled by the submission of a valid Notice of Dispute under Section 1.3 of this Agreement).
Severability if the class waiver is struck
Reviewed category: narrow-severance
If a court of competent jurisdiction (after exhaustion of all appeals) decides that any of these bans on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief) is unenforceable, then all other aspects of the case must be arbitrated first.
Counsel or representation restrictions
Reviewed category: authentication-before-account-shared-with-attorney
To protect your Account, you must provide your authentication and consent before we discuss or share your Account information with anyone other than you, including an attorney ("Authentication and Consent").
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” claimants who submit Notices or seek to file arbitration demands raising similar claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more claimants (including you) submit Notices to AT&T or seek to file arbitration demands raising similar claims, and they are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not)