Clause database · Banks, cards, and credit bureaus
PNC Bank
Account Agreement for Personal Checking, Savings and Money Market Accounts
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
the term “Claim” excludes: (a) any dispute or controversy about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof, including the Class Action Waiver and Public Injunctive Relief Waiver below (a court will decide such disputes or controversies)
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
However, if you send us a written signed request at our Notice Address requesting that we pay your share of the fees and stating that you tried but were unable to obtain a fee waiver after submitting the documentation required by the administrator, and if your request is made in good faith, we will pay or reimburse you for your share of the filing fees charged by the administrator
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927. ... If the arbitrator finds that you or we have violated the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927, if permitted by applicable law, the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The noticing party must provide the other party 45 days from receipt of the Notice in order to provide the parties a meaningful opportunity to resolve the dispute in an informal, prompt, mutually beneficial manner. During this period, any applicable statutes of limitations or contractual limitations periods will be tolled. The arbitration administrator may not accept or administer an arbitration nor assess fees until the expiration of the 45-day period.
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
AAA will apply its rules and codes of procedures in effect at the time arbitration is elected including, if applicable, AAA’s Supplementary Rules for Multiple Case Filings.
Small-claims carve-out
Reviewed category: available-standard-carve-out
any individual action brought by either party in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court
Opt-out
Reviewed category: general-with-window
You may opt out of arbitration by sending us a written notice (the "Opt Out Notice"). To be effective, an Opt Out Notice must (1) include the Account holder name, address, phone number, and Account number(s); (2) state that you are opting out of the Arbitration Provision in your Account Agreement for the listed Account numbers; (3) be sent to us at PNC Bank, Attn: Arbitration Opt Out, P.O. Box 535229, Pittsburgh, PA 15253-5229; (4) be signed personally by all account owners; and (5) be postmarked within forty-five (45) days after either (i) the date we first delivered or otherwise provided you with an arbitration provision, in paper or electronic form, or (ii) the day you open your Account, whichever is later.
Unilateral modification
Reviewed category: fresh-optout-only-for-substantive-arbitration-changes
If the Arbitration Provision of your Account Agreement has already been delivered or otherwise made available to you, amendments to your Account Agreement will not give you a new right to opt out of this Arbitration Provision, unless we amend a substantive clause of the Arbitration Provision.
Scope
Reviewed category: broad-plus-survives-termination
This Arbitration Provision will survive the termination of this Agreement. ... the terms “we,” “us” and “our” also refer to (1) our employees, agents, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors, and assigns; and (2) any failed bank to the extent of the assets acquired by us or our affiliates.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
The arbitrator may consider rulings in arbitrations involving other customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers.
Shortened limitations period
Reviewed category: expressly-not-shortened
However, the arbitrator will apply the same statutes of limitation, evidentiary privileges, and applicable substantive law that a court would apply if the matter were pending in court.
Severability if the class waiver is struck
Reviewed category: class-waiver-declared-non-severable
The parties acknowledge that this Class Action Waiver is material and essential to the arbitration of any Claims and is non-severable from this Arbitration Provision. If (after exhaustion of all appeals) a court finds that this Class Action Waiver is unenforceable, then any non-arbitrable aspects of the Claims will proceed in court after all other arbitrable aspects of the Claims are arbitrated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
Counsel or representation restrictions
Reviewed category: authorization-to-share-account-with-counsel
if you have retained counsel to submit the Notice, your Notice must include your signed statement authorizing us to share information about the Account and the Claim with your counsel
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
AAA will apply its rules and codes of procedures in effect at the time arbitration is elected including, if applicable, AAA’s Supplementary Rules for Multiple Case Filings.