Clause database · High-cost lending and debt relief
OneMain Financial
Sample Loan Agreement and Disclosure Statement
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.
Four exclusion labels — not-captured, incorporated-terms-not-captured, partial-capture, opt-out-referenced-terms-not-captured — are shown in every partition and excluded from every count that assumes the text was read. The test is whether the text on which the field depends was read, not whether the document is awkward.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If you had fully complied with the Notice and Informal Settlement Conference requirements, did not disclose the amount of any settlement offers during the arbitration, and the arbitrator awards you more than was offered in the last written settlement offer to you before the arbitrator was selected, your recovery shall be $1,000 in lieu of any smaller award (the "Minimum Recovery").
Fee or cost shifting against the consumer
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Pre-filing requirement
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Mass-arbitration terms
Reviewed category: staged-bellwether
If 25 or more claimants submit Notices or file arbitrations raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth in section 4. ... In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually ... After the first stage of bellweather proceedings is complete, the parties shall engage in a single mediation of all remaining cases, and Lender will pay the mediation fee. ... the process of filing up to 20 cases in arbitration ... will be repeated ... until all claims are resolved except that the total number of cases filed in arbitration each round shall increase to 50 ... A court will have the authority to enforce this section 10 and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees.
Small-claims carve-out
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Opt-out
Reviewed category: change-rejection-only
if Lender makes any future change to this Arbitration Agreement (other than a change to the Notice Address), I may reject any such change by sending Lender written notice with 30 days of the change to the Notice Address. This is not a rejection of arbitration altogether.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
Notwithstanding any provision in this Agreement to the contrary, Lender and I agree that if Lender makes any future change to this Arbitration Agreement (other than a change to the Notice Address), I may reject any such change by sending Lender written notice with 30 days of the change to the Notice Address. This is not a rejection of arbitration altogether. By rejecting any future change, I am agreeing that we will arbitrate any Covered Claim in accordance with this version of the Arbitration Agreement.
Scope
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Confidentiality of the arbitration
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Shortened limitations period
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Severability if the class waiver is struck
Reviewed category: narrow-severance
If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
Counsel or representation restrictions
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
so long as I have fully complied with the requirements of sections 4, 5, and 10 for any arbitration I initiate
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” claimants who submit Notices or file arbitrations raising similar claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more claimants submit Notices or file arbitrations raising similar claims and are represented by the same or coordinated counsel