CareCredit

Delegation clause (who decides whether the clause is enforceable)

Reviewed category: to-court-but-whole-contract-to-arbitrator

Only a court will decide disputes about the formation, validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.

Consumer’s share of arbitration fees

Reviewed category: each-side-bears-own-attorney-fees

The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law.

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: court-equivalent-fee-shifting-imported

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys’ fees. ... The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law.

Pre-filing requirement

Reviewed category: mass-arbitration-only-condition

Before initiating an arbitration that qualifies as a “Mass Arbitration” under the arbitration provider’s rules, a party must provide to the other party a Notice of Dispute (“Notice”) in writing that sets forth (1) the name, address, email address, phone number, and account number(s) of the claimant, (2) the facts giving rise to the Dispute, (3) the legal basis for the Dispute, and (4) a proposed solution.

Mass-arbitration terms

Reviewed category: batching

In addition, to the extent any of the Mass Arbitration demands are permitted to proceed by the Process Arbitrator (under AAA) or Process Administrator (under JAMS), the demands shall be grouped into batches of no more than 50 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 50 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands). One Merits Arbitrator shall be assigned for each batch, who shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees.

Small-claims carve-out

Reviewed category: available-standard-carve-out

we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court

Opt-out

Reviewed category: general-with-window

To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 71734, Philadelphia, PA 19176-1734. This is the only way you can reject this section.

Unilateral modification

Reviewed category: change-right-mechanism-unstated

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges. ... If you don't reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

Scope

Reviewed category: broad-plus-survives-termination

you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees), and/or providers that accept the card that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/providers/retailers and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). ... This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.

Confidentiality of the arbitration

Reviewed category: no-preclusive-effect-clause

The arbitrator may consider but will not be bound by rulings in other arbitrations where you and we were not both parties. ... The arbitration award and any judgment confirming it will apply only to the specific case and will not be binding in any other case except to enforce the award.

Shortened limitations period

Reviewed category: expressly-not-shortened

The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety.

Counsel or representation restrictions

Reviewed category: counsel-certification-required

Any demand for arbitration filed must include a certification from the claimant and the claimant’s counsel (if any) that the demand complies with Federal Rule of Civil Procedure 11(b)(1)-(4).

Mass-arbitration numeric trigger

Reviewed category: provider-rules-deferral

Window, as reviewed: 60 days informal negotiation before any arbitration may be filed

MASS FILING PROCEDURES. A. Before initiating an arbitration that qualifies as a “Mass Arbitration” under the arbitration provider's rules, a party must provide to the other party a Notice of Dispute