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
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration are for a court of competent jurisdiction to decide.
Company’s fee promise
Reviewed category: reimburses-filing-fee
If the arbitrator rules in your favor on any claim presented, we will reimburse you for arbitration filing fees you have paid up to $700.00.
Fee or cost shifting against the consumer
Reviewed category: loser-pays-on-motion-to-compel
the party that does not agree to submit to arbitration after a lawful demand must pay all of the other party’s costs and expenses for compelling arbitration
Pre-filing requirement
Reviewed category: informal-no-fixed-period
First, discuss your dispute with a banker. If your banker or another Wells Fargo employee is unable to resolve your dispute, you agree that either Wells Fargo or you can initiate arbitration as described in this section.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
Neither Wells Fargo nor you will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general.
Small-claims carve-out
Reviewed category: available-standard-carve-out
This Arbitration Agreement has only one exception: Either Wells Fargo or you may still take any dispute to small claims court. Any disagreement over whether a dispute qualifies for small claims court will be resolved by the small claims court in the first instance and otherwise by a court of competent jurisdiction and any arbitration shall be stayed pending such resolution.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may change the terms of this Agreement, including account fees and features, by adding new terms or conditions, or by modifying or deleting existing ones. We will provide you with written advance notice of any adverse changes. Your continued use of your account after receiving such notice and after the effective date will constitute assent to any changes.
Scope
Reviewed category: claims-between-the-parties-only
A dispute is any unresolved disagreement between Wells Fargo and you.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator will make a decision regarding the dispute based on applicable law, including any statutes of limitations.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.
Counsel or representation restrictions
Reviewed category: personal-signature-and-counsel-certification
The demand must be personally signed by the party initiating arbitration (and by counsel if the claimant is represented). By submitting an arbitration demand, the claimant (and, counsel, if the claimant is represented) represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). ... You and a Wells Fargo representative will personally appear at any hearing (with counsel, if represented).
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.