11. DISPUTE RESOLUTION WITH AT&T BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling AT&T at
800.288.2020.
In the unlikely event that AT&T’s customer service department is unable to resolve a
complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it
has with you after attempting to do so informally), we each agree to resolve those disputes through
binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is
more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows
for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award
the same damages and relief that a court can award. Any arbitration under this Agreement will take place on
an individual basis; class arbitrations and class actions are not permitted. For any nonfrivolous claim that
does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled
to recover attorneys' fees from AT&T to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the
arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator
awards you an amount that is greater than what AT&T has offered you to settle the dispute.
Arbitration Agreement:
a. AT&T and you agree to arbitrate all disputes and claims between us. This agreement to
arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether
based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to,
claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you
are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to “AT&T”, “you,” and “us” include our respective subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing,
either party may bring an individual action in small claims court. This arbitration agreement does not
preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies
can, if the law allows, seek relief against us on your behalf.
YOU AGREE THAT, BY ENTERING INTO
THIS AGREEMENT, YOU AND AT&T ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
This Agreement evidences a transaction in interstate commerce,
and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This
arbitration provision shall survive termination of this Agreement.
b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice
of Dispute (“Notice”). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T,
1025 Lenox Park Blvd., Atlanta, GA 30319 (“Notice Address”). The Notice must (1) describe the nature
and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If AT&T and you
do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T
may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer
made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the
amount, if any, to which you or AT&T is entitled.
You may download or copy a form Notice and a form to initiate arbitration from here:
www.att.com/arbitration-forms.
c. After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing
fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this
fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will
be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified
by this Agreement, and will be administered by the AAA. The AAA Rules are available online at
http://www.adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. (You may
obtain information that is designed for non-lawyers about the arbitration process at
att.com/arbitration-information.) The arbitrator is bound by the terms of this agreement. All issues are
11
Terms of Service
