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 we and you do not reach an agreement to resolve the
claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the
arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You may download or copy a form notice and a form to initiate arbitration from here:
att.com/arbitration-forms.
c)
After we receive notice at the Notice Address that you have commenced arbitration, we 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, we 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 adr.org, by calling the AAA at 800.778.7879, or by writing to the
Notice Address. The arbitrator is bound by the terms of this Contract. All issues are for the arbitrator to decide,
except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.
Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your
billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will
be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by
an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will
be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the
award is based. Except as otherwise provided for herein, We will pay all AAA filing, administration and arbitrator
fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator
finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all
monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition,
if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will
be governed by the AAA rules.
d)
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is
greater than the value of our last written settlement offer made before an arbitrator was selected; then we will:
• pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and
• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert
witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your
claim in arbitration (“the attorney premium”).
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney
will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards
you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reim-
bursement of fees, expenses, and the alternative payment and the attorney premium at any time during the
proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
e)
The right to attorneys’ fees and expenses discussed in this arbitration agreement supplements any right to
attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger
amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount.
However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws we may
have a right to an award of attorneys’ fees and expenses if we prevail in an arbitration, we agree that we will
not seek such an award.
f)
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party’s individual claim.
YOU AND WE AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific
proviso is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
g)
Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any change to this
arbitration agreement (other than a change to the Notice Address) during the period of time that the Agreement
is in effect, you may reject any such change by sending us written notice within thirty (30) days of the change to
the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will
arbitrate any dispute between us in accordance with the language of this provision.
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