Forced Arbitration — a service of Madgett Law, LLC, a Minnesota law firm. It is not a government agency, is not affiliated with the Minnesota Attorney General or any other government office, and is not a legal aid or public interest legal services organization.

Clause database · Banks, cards, and credit bureaus

Truist Bank

Bank Services Agreement and Privacy Notice

As captured on ; terms may have changed since.

Sector
Banks, cards, and credit bureaus
Source
https://www.truist.com/content/dam/truist-bank/us/en/documents/disclosures/personal/truist-bank-services-agreement.pdf
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
f0ebdf203dc004480cbf370fdad24a3ecf078eacbf542db990788b8b9b10af90

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

Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Agreement, including without limitation any dispute concerning arbitrability. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class, Mass, Collective, and/or Representative Action Waiver—including, but not limited to, any claim that all or part of the Class, Mass, Collective, and/or Representative Action Waiver is unenforceable, unconscionable, illegal, void, or voidable, or that a breach of that Waiver has occurred—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. Moreover, all disputes relating to or arising out of the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator

Consumer’s share of arbitration fees

Reviewed category: company-pays-part-or-on-conditions

Truist and You shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings, such as court reporter costs and transcript fees; but if an arbitrator determines that its rules or applicable law requires that Your share of fees and other costs be capped at a certain amount, such as the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, then You will only be responsible for that maximum amount permitted by rule or law Truist shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental

Company’s fee promise

Reviewed category: pays-arbitrator-and-arbitration-unique-costs-only

Truist shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental

Fee or cost shifting against the consumer

Reviewed category: offer-of-judgment-cost-shift

If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs of the party serving the offer of judgment, including filing fees, incurred after the offer was made

Pre-filing requirement

Reviewed category: notice-only-no-waiting-period

The party initiating arbitration must also serve the demand on the other party via certified mail, return receipt requested, or hand delivery.

Mass-arbitration terms

Reviewed category: anti-aggregation-counsel-bar

You agree not to have Your arbitration demand filed or prosecuted by a law firm or collection of law firms that has filed more than 25 arbitration demands of a substantially similar nature against Truist within 180 days of Your arbitration demand, if the law firm or collective of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together.

Small-claims carve-out

Reviewed category: available-standard-carve-out

any individual action brought by You or us 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: silent

No provision on this field was extracted from the captured text.

Unilateral modification

Reviewed category: no-change-sentence-beside-change-procedure

Continuing to maintain your account following a notice constitutes your acceptance of our changes. This Agreement cannot be changed or modified. Upon the effective date of a change, the current revised version of the Agreement will govern your account

Scope

Reviewed category: broad-plus-survives-termination

the terms “Truist,” “we,” “us,” “our,” and “Parties,” in addition to the meanings set forth in this Bank Services Agreement, also refer to Truist Bank’s employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, successors, and assigns. The “Parties” refers to both You and Truist. “We,” “us,” “our,” and “Parties” also apply to third parties if You assert a Claim against such third parties in connection with a Claim You assert against us. ... This Mutual Arbitration Agreement shall survive the closing of Your account and the termination of any relationship between us, including the termination of this Bank Services Agreement.

Confidentiality of the arbitration

Reviewed category: no-preclusive-effect-clause

No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration

Shortened limitations period

Reviewed category: statement-error-reporting-bar

Limitation to File Claim. You agree that no legal proceeding or action may be commenced against the Bank to recover any amounts alleged to have been improperly paid out of the account due to any unauthorized signature or endorsement, any alteration, or any other fraudulent or unauthorized transaction unless: (a) you have timely provided the written notices as required above and (b) such proceeding or action shall have been commenced within one year from the date the statement containing the unauthorized transaction was made available to you. As used herein, a proceeding or action is commenced when you file suit in a court of competent jurisdiction, or if the action is subject to arbitration, when you give the Bank written notice of such action. Any proceeding or action not brought within one year from the date of the first statement containing the unauthorized transaction is forever barred.

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

if the Class, Mass, Collective, and/or Representative Action Waiver is finally adjudged to be void, voidable, or otherwise unenforceable in its entirety, this Mutual Arbitration Agreement is void in its entirety

Counsel or representation restrictions

Reviewed category: personal-signature-and-counsel-certification

counsel must also provide an original personal signature on the demand for arbitration (a digital, electronic, copied, or facsimile signature is not sufficient). Counsel must also provide a certification that, to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1) the demand for arbitration is not being presented for any improper purpose

Mass-arbitration numeric trigger

Reviewed category: filing-ban

Stated term: “more than 25” arbitration demands of a substantially similar nature — recorded as 26

Window, as reviewed: within 180 days

The trigger is conditioned on the claimants sharing, or coordinating, counsel.

You agree not to have Your arbitration demand filed or prosecuted by a law firm or collection of law firms that has filed more than 25 arbitration demands of a substantially similar nature against Truist within 180 days of Your arbitration demand, if the law firm or collective of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together.

Read the report