Clause database · High-cost lending and debt relief
Western Union
Western Union Money Transfer Service Terms and Conditions
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-full
The arbitrator shall also decide what is subject to arbitration.
Company’s fee promise
Reviewed category: discretionary-consideration-only
You will be responsible for up to $250 of the administration fees, or as otherwise provided by the JAMS Rules. We may reduce this amount if You demonstrate hardship.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
An arbitrator is expressly authorized to impose any sanctions or other relief available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
For a period of 60 days from the date of receipt of a completed notice from the other party, You and We will work together using reasonable efforts to try to resolve the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), You or We may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
Mass-arbitration terms
Reviewed category: batching
In the event that claimants (including You) assert or seek to assert 25 or more similar arbitration demands against Us with the same counsel or counsel acting in coordination (“Mass Arbitration”), the JAMS Mass Arbitration Procedures and Guidelines and the provisions of this paragraph shall apply (in addition to the terms set forth in the above Arbitration Agreement). In the event a Mass Arbitration is presented, You and We will attempt to agree on a batching protocol where arbitrations will be filed and proceed in stages. If You and We cannot agree, the parties will submit the issue to a process arbitrator appointed by JAMS to decide. Any applicable limitations period (including statutes of limitations) shall be tolled be tolled from the time Your dispute is first presented to JAMS as being part of a Mass Arbitration until your dispute proceeds in arbitration or is otherwise resolved.
Small-claims carve-out
Reviewed category: available-standard-carve-out
either party may elect to have individual claims heard in small claims court so long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class action basis).
Opt-out
Reviewed category: general-with-window
You may opt out of arbitration with respect to a transaction within 30 days after initiating a transaction by calling 1-800-325-6000 (WU), 1-866-519-0433 (Vigo) or 1-800-515-5505 (OV).
Unilateral modification
Reviewed category: silent
No provision on this field was extracted from the captured text.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
Unless You opt out as set forth below, any dispute between You and Us, any of Western Union’s parents, subsidiaries, affiliates or Partners, or any of their employees, directors, or officers arising from or relating to any Transaction shall be resolved by final and binding arbitration. ... Western Union’s parents, subsidiaries, affiliates or Partners, and any of their employees, directors, or officers are intended to be third-party beneficiaries of this Agreement.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
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: narrow-severance
If any part of this Arbitration Agreement (including the below Additional Terms Applicable to Mass Arbitrations) is deemed invalid, it shall not invalidate the other parts.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
Your notice to Us must be personally signed by You (and Your attorney if You are represented by legal counsel). ... By signing a dispute notice and/or an arbitration demand, You and Your counsel certify that to the best of Your and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the dispute notice and/or arbitration demand are not being presented for any improper purpose
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” similar arbitration demands — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
In the event that claimants (including You) assert or seek to assert 25 or more similar arbitration demands against Us with the same counsel or counsel acting in coordination (“Mass Arbitration”)