Clause database · Telecom, streaming, and subscriptions
Cox Communications
Residential Customer Service Agreement
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-arbitrator-except-class-waiver
Except as provided in Section 4(H) below, the arbitrator may resolve all disputes concerning whether this Dispute Resolution Provision is enforceable, unconscionable, applicable, valid, void, or voidable.
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If you obtain an award from the arbitrator greater than Cox’s last written settlement offer, Cox will pay you $5,000 in addition to what you have been awarded in the arbitration.
Fee or cost shifting against the consumer
Reviewed category: costs-for-breach-of-dispute-terms
In the event a court or arbitrator determines that a breach of the Dispute Resolution Provision has occurred, or in the event an arbitrator acting under NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures determines that you have participated in a prohibited Class Action or Mass Action, then we agree on the following remedies, in addition to any other remedy ordered by the court or arbitrator: ... (ii) The court or arbitrator may enter an order that the breaching party bear the non-breaching party’s costs, including but not limited to fees incurred in court or in arbitration.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
If Cox does not satisfactorily resolve your claim within 45 calendar days of receiving written notice to Cox Customer Care of your claim, then you may pursue the claim in arbitration, and if you do so, you must first notify us in writing of your intent to file for arbitration ... This Informal Dispute Resolution is mandatory, and we both agree that it is an essential part of our arbitration agreement. We both agree that it is a material breach of this Dispute Resolution Provision to initiate an arbitration or small claims action without first engaging in the Informal Dispute Resolution Process.
Mass-arbitration terms
Reviewed category: anti-aggregation-counsel-bar
Except as specified below, you and Cox agree that all Disputes between you and Cox will be arbitrated individually, and that you will not file or participate in a “Class Action” (as defined in federal, state, or arbitration procedural rules), any other form of class, collective, representative, or consolidated actions (collectively “Mass Action,” which term includes, but is not limited to, any action in which twenty-five or more similar demands for arbitration are filed against Cox or any of its affiliated entities and representation for the parties is consistent or coordinated across all cases. The twenty-five or more demands for arbitration need not be filed simultaneously. A Mass Action expressly includes any mass action as defined under National Arbitration and Mediation (“NAM”) Comprehensive Rules and Procedures (including its Mass Filing Supplemental Dispute Resolution Rules and Procedures). We both agree that it is a material breach of this Dispute Resolution Provision to file or participate in a Class Action or Mass Action, and Cox may enforce this prohibition as set forth in Section 4(H) below.
Small-claims carve-out
Reviewed category: available-standard-carve-out
Notwithstanding this agreement to arbitrate, you and Cox may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court’s jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the Dispute. A small claims court includes any court designated as small claims or any court of limited jurisdiction in which claims are only resolved on an individual basis. During the 45-day period following your submission of written notice of a Dispute to Cox, in which time you and Cox attempt to informally resolve the Dispute, or within 30 days after you or Cox have initiated an arbitration, either you or Cox may elect to have the Dispute resolved in small claims court by sending written notice to the other party of this election. In the event there is any disagreement between you and Cox concerning whether the Dispute is within the jurisdiction of the small claims court, only the small claims court may resolve that disagreement.
Opt-out
Reviewed category: general-with-window
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (“DISPUTE RESOLUTION PROVISION”) (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT
Unilateral modification
Reviewed category: notice-then-continued-use
You agree that your sole recourse if you do not accept any such material change to your Services or this Agreement is to terminate such Services and this Agreement within thirty (30) days of our notice to you. ... Your continued use of the Services after such thirty (30) day period will constitute your Acceptance of this Agreement as modified.
Scope
Reviewed category: broad-plus-survives-termination
This Dispute Resolution Provision survives the termination of your Services with Cox. If you bring a claim against Cox after termination of your Services that is based in whole or in part on events or omissions that occurred while you were a Cox customer, this dispute resolution provision shall apply.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
Any award, decision, finding, or conclusion entered or adopted by an arbitrator shall only apply to the individual arbitration and shall not have any res judicata, collateral estoppel or other preclusive effect and such award, decision, finding, or conclusion shall not be referred to, offered, or admitted in any subsequent proceeding.
Shortened limitations period
Reviewed category: shortened-to-2-years
We each agree that any Claims must be brought within two (2) years of their accrual notwithstanding any otherwise applicable statute of limitations.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
if this Class Action and Mass Action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 4 will not apply to any Dispute between you and Cox, except for the provisions of Section 4(K) waiving the right to jury trial. This Class Action and Mass Action waiver may not be severed from our arbitration agreement.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: filing-ban
Stated term: “twenty-five or more” similar demands for arbitration — recorded as 25
Window, as reviewed: need not be filed simultaneously (no fixed time window)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
any other form of class, collective, representative, or consolidated actions (collectively “Mass Action,” which term includes, but is not limited to, any action in which twenty-five or more similar demands for arbitration are filed against Cox or any of its affiliated entities and representation for the parties is consistent or coordinated across all cases