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: split-formation-to-court
All issues are for the arbitrator to decide, including the scope of his or her own jurisdiction, and the arbitrability of individual Claims, except that questions of whether the parties have entered into an agreement to arbitrate are for a court of competent jurisdiction to decide.
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
If the arbitrator finds that either the substance of your or our claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires, and as permitted by applicable law.
Pre-filing requirement
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration terms
Reviewed category: staged-bellwether
counsel for the claimants and counsel for the Bank shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim. Unless the parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than five (5) cases.
Small-claims carve-out
Reviewed category: available-standard-carve-out
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis
Opt-out
Reviewed category: general-with-window
You must opt out within sixty (60) days of first delivery of this Arbitration agreement. Any other method, form, or means of opting out shall be treated as being invalid or ineffective.
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may change this Agreement at any time. ... By using or maintaining your account open after the change is effective, you agree to the change and are bound by the change.
Scope
Reviewed category: broad-plus-survives-termination
These arbitration provisions shall survive changes in this Agreement and termination of the account or the relationship between you and us, including the bankruptcy of any party and any sale or assignment of your account, or amounts owed on your account, to another person or entity.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
All pleadings, information and documents exchanged, and the arbitrator's ruling shall be treated as confidential and have no precedential value. However, if either party seeks to confirm the arbitrator's decision in court, the parties agree that the documents necessary for such confirmation need not be filed under seal.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator will construe the Claim under the applicable statutes of limitations provided for under the governing law.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If these terms prohibiting class, representative, or consolidation procedures are held to be legally unenforceable for any reason with respect to a Claim, then the Claim must be handled through litigation in court instead of by arbitration, subject to the parties’ agreement to waive the right to have a jury decide any Claim. ... If any part of this Agreement is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim.
Counsel or representation restrictions
Reviewed category: personal-signature-and-counsel-certification
You must personally sign the demand for arbitration (and your counsel must also sign the demand, if you are represented by counsel).
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “twenty-five (25) or more” arbitration claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
which means twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact, and where representation of all claimants is the same or coordinated across the cases.