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
Any Claim (except for a Claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either party requests it. ... Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If, and only if, (1) you submit a Claim Notice in accordance with this agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your Claim, issues you an award that (excluding any arbitration fees or attorneys' fees and costs awarded by the arbitrator) is greater than the value of Discover's last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $7,500, whichever is greater. If you are entitled to the $7,500, you will receive in addition any arbitration fees or attorneys' fees and costs awarded by the arbitrator.
Fee or cost shifting against the consumer
Reviewed category: loser-reimburses-advanced-fees
If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration.
Pre-filing requirement
Reviewed category: optional-notice-unlocks-minimum-award
before initiating an arbitration proceeding, you may give us written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Small-claims carve-out
Reviewed category: available-standard-carve-out
You and we will not choose to arbitrate any individual Claim you or we bring in small claims court (or an equivalent court). This means you or we may bring an action in small claims court (or an equivalent court) without being subject to arbitration. However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, you or we may then choose to arbitrate.
Opt-out
Reviewed category: general-with-window
You may reject the arbitration agreement but only if we receive from you a written notice of rejection within 30 days of your receipt of the Card after your Account is opened.
Unilateral modification
Reviewed category: change-right-mechanism-unstated
We may add or delete any term to this Agreement. If required by law, we will give you advance written notice of the change(s) and a right to reject the change(s).
Scope
Reviewed category: broad-plus-survives-termination
In addition to you and us, the rights and duties described in this arbitration agreement apply to: our Affiliates, successors, subsidiaries, and our and their officers, directors and employees; any third party co-defendant of a Claim subject to this arbitration agreement; and all joint Accountholders and Authorized Users of your Account(s). Survival of this Agreement. This arbitration agreement shall survive: • closing of your Account; • voluntary payment of your Account or any part of it; • any legal proceedings to collect money you owe; • any bankruptcy by you; and • any sale, assignment, or transfer by us of your Account.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator must: ... Follow applicable statutes of limitations
Severability if the class waiver is struck
Reviewed category: narrow-severance
If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then after all appeals from that decision have been exhausted, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court.
Counsel or representation restrictions
Reviewed category: no-agent-opt-out
Your rejection notice must include your name, address, phone number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice must not be sent with any other correspondence.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.