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-but-whole-contract-to-arbitrator
Disputes about the validity, enforceability, coverage, or scope of this agreement to arbitrate or any part thereof (including, without limitation, the class action waiver), are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of this Agreement as a whole is for the arbitrator, not a court, to decide.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
if you tell us in writing that you cannot afford to pay the fees charged by the AAA or other arbitration administrator and that you were unable to obtain a waiver of fees from the administrator, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitration administrator and/or arbitrator.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the Claim except for Claims requiring some form of expedited injunctive relief in a shorter period. ... Unless prohibited by applicable law, (1) a lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with this “Claim Notice” section, (2) the court will have authority to enforce this “Claim Notice” section, including the power to dismiss or stay the filing or prosecution of a lawsuit or arbitration unless the Claimant has complied with this “Claim Notice” section, and (3) the arbitration administrator is without authority to accept or administer any arbitration proceeding prior to the termination of the Tolling Period unless the Claimant has complied with this “Claim Notice” section
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
The AAA will apply its code of procedures in effect at the time the arbitration claim is filed and, if applicable, its Mass Arbitration Supplementary Rules.
Small-claims carve-out
Reviewed category: available-standard-carve-out
you and we will not demand to arbitrate an individual Claim that you or we bring against one another that is within the jurisdiction of small claims court or your or our state’s equivalent court, if any
Opt-out
Reviewed category: general-with-window
YOU MAY REJECT THIS AGREEMENT TO ARBITRATE BY CALLING US AT 1-855-456-7634 OR WRITING TO US AT SOFI BANK, N.A., 2750 EAST COTTONWOOD PARKWAY #300, COTTONWOOD HEIGHTS, UTAH 84121 ... YOUR REJECTION NOTICE MUST BE RECEIVED WITHIN NINETY (90) DAYS AFTER THE OPENING OF THE ACCOUNTS FOR WHICH YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THIS AGREEMENT TO ARBITRATE WILL NOT APPLY TO ANY ACCOUNTS FOR WHICH YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE.
Unilateral modification
Reviewed category: continued-use-is-acceptance
SoFi Bank reserves the right to amend the terms of this Agreement, the SoFi Bank Debit Card Agreement, the SoFi Bank Terms of Use, at any time, or to make changes to any other terms of your Account, by delivering written Disclosures to you describing any new changes, when ... required by regulation. ... Unless otherwise specified by SoFi Bank, your continued use of the Account following the receipt of any Disclosure constitutes your acknowledgment of, and consent to, the change(s) set forth in the Disclosure. If you do not consent to the change(s) set forth in the Disclosure, you may close your Account using the process described in this Agreement, provided, however, that the terms of any Account changes described in Disclosures delivered prior to the closure or termination of your Account, shall apply to all Account activity occurring on and after the effective date of such changes. Each Disclosure will explain the Account change and the date the change will become effective. ... SoFi Bank has the right to amend this Agreement at any time with advance or contemporaneous notice in writing. Any amendments will be effective on the date specified in the notice or as otherwise described in this Agreement.
Scope
Reviewed category: broad-plus-survives-termination
the terms “we,” “us” and “our” mean (1) SoFi, each of its subsidiaries, affiliates, successors, and assigns, and any of their employees, officers, directors, agents and representatives; and (2) any third party that you name along with us as defendants in a single proceeding. ... This agreement to arbitrate shall survive: (A) the termination of the Agreement; (B) the bankruptcy or insolvency of either party; (C) the transfer, sale or assignment of your Account or any amounts owed on the Account to any other person or entity; (D) any closure or suspension of your Account; or (E) any breach of the Agreement.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator will apply applicable substantive law, consistent with the FAA and the applicable statutes of limitations or conditions precedent to suit and will honor claims of privilege recognized at law.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
If any portion of this agreement to arbitrate is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force, subject to two exceptions: (1) if a determination is made that the class action waiver is unenforceable, and that determination is not reversed on appeal, then the agreement to arbitrate (except for this sentence) shall be void in its entirety; and (2) if a court determines that a public injunctive relief Claim may proceed notwithstanding the class action waiver or other provisions of this agreement to arbitrate, and that determination is not reversed on appeal, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded.
Counsel or representation restrictions
Reviewed category: no-third-party-submission
You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer that you have personally retained, may submit a Claim Notice on your behalf.
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
The AAA will apply its code of procedures in effect at the time the arbitration claim is filed and, if applicable, its Mass Arbitration Supplementary Rules.