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-arbitrator-except-class-waiver
Unless otherwise provided in this Agreement, an individual arbitrator appointed to determine the merits of the dispute shall have exclusive authority to arbitrate, including but not limited to any dispute regarding the validity, enforceability, or scope of any portion of this Agreement (including the agreement to arbitrate).
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If you don't accept the offer and the arbitrator awards you an amount of money that's more than our offer but less than $5,000, or if we don't make you an offer, and the arbitrator awards you any amount of money but less than $5,000, then we agree to pay you $5,000 instead of the amount awarded. In that case we also agree to pay any reasonable attorneys' fees and expenses, regardless of whether the law requires it for your case.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The Arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
If either of us intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration.
Mass-arbitration terms
Reviewed category: staged-bellwether
A Mass Filing is when 50 or more customers who raise similar claims and are represented by the same or coordinated counsel initiate notices of dispute pursuant to paragraph 4 above, which must be submitted on an individual, claimant-by-claimant basis, otherwise attempt to commence arbitrations, or file a complaint in court. If a Mass Filing is commenced, the claims shall proceed in arbitration in a coordinated proceeding. You and Verizon understand and agree that these additional procedures shall apply as set forth in this paragraph and that the resolution of your dispute might be delayed if these additional procedures are triggered. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties' and the AAA's resources. Stage One. In the first stage, 80 arbitrations will proceed and counsel for the Verizon wireless customers and counsel for Verizon wireless shall each select 40 cases to proceed first in arbitration in individual bellwether proceedings in individual arbitrations.
Small-claims carve-out
Reviewed category: available-standard-carve-out
for claims within the jurisdictional limit of the small claims court in the state encompassing your billing address, either you or Verizon can choose to bring an individual action in small claims court instead of proceeding in arbitration.
Opt-out
Reviewed category: mass-filing-stage-only
After the second stage concludes, if the parties cannot agree how to resolve the remaining claims, any individual customer who is part of this coordinated proceeding, or Verizon, may elect to opt out of arbitration by providing notice to opposing counsel, and if the customer wishes to proceed with the claim, they may file an individual complaint in court.
Unilateral modification
Reviewed category: notice-then-continued-use
We may change prices and/or any other term of your Service or this Agreement at any time, but we'll provide notice first (except as noted below in the "What Charges are set by Verizon?" and "Government Taxes, Fees, and Other Charges" sections), including written notice if you have Postpay Service. If you use your Service after the change takes effect, that means you're accepting the change.
Scope
Reviewed category: broad-plus-survives-termination
Dispute means any dispute that in any way relates to or arises out of this Agreement. This includes, but is not limited to, any equipment, products and services you receive from us, any advertising for such products or services, or alleged personal injury or invasion of privacy relating to such products or services, and includes any disputes you have with our employees or agents. This also includes any dispute regarding the validity, enforceability, or scope of any portion of this Agreement (including the Agreement to arbitrate) unless otherwise provided in this Agreement. You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This Agreement is governed by the Federal Arbitration Act. This Agreement to arbitrate continues to apply even after you have stopped receiving services from us.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
An arbitration award and any judgment confirming it apply only to that specific case. It can't be used in any other case except to enforce the award itself.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: class-waiver-declared-non-severable
If any part of this agreement, including anything regarding the arbitration process (except for paragraph 3 of the dispute resolution section above), is ruled invalid, that part may be severed from this agreement and the rest enforced.
Counsel or representation restrictions
Reviewed category: authorization-to-share-account-with-counsel
You may choose to be represented by an attorney or other person as part of this process, but if you do you must indicate that you are represented by an attorney on the form available at verizon.com/about/nod/notice-of-dispute-wireless-form and confirm you authorize us to discuss your account information with this attorney or other person.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “50 or more” customers who raise similar claims — recorded as 50
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
A Mass Filing is when 50 or more customers who raise similar claims and are represented by the same or coordinated counsel initiate notices of dispute pursuant to paragraph 4 above