The following is a notice of an important change to the Terms and Conditions of Your Account. The change involves the implementation of an Arbitration and Waiver of Class Action Provision. You can opt out of the Arbitration and Waiver of Class Action Provision as provided below and you will not lose any of the rights and/or benefits of your account(s). PLEASE READ THIS DOCUMENT CAREFULLY.
The following is added as Section 10 of the General Provisions of the Dollar Bank Deposit Agreement:
10. ARBITRATION AND WAIVER OF CLASS ACTION
You and the Bank agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to: (i) your account(s) with the Bank, (ii) the products and/or services that we have provided, will provide, or have offered to provide to you, and/or (iii) any aspect of your relationship with the Bank (each such dispute, a “Claim” and collectively, the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed, or initiated after the Effective Date (as defined below) of this Arbitration and Waiver of Class Action provision (hereafter, the “Arbitration Agreement”), even if the Claims arise out of, affect, or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its applicable rules and procedures for consumer disputes (the “Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at www.adr.org, or a copy of the Rules can be obtained at any branch upon your request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claim at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your account(s) for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to: (1) Claims that are initiated in or transferred to small claims court, and/or (2) Claims that arise out of or relate exclusively to any secured or unsecured loan agreement(s) you may have with us. Exclusion number 2 of the immediately preceding sentence shall not include any claims related to credit card agreements.
A. Selection of Arbitrator. All Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and such arbitrator must have experience in the type(s) of financial transaction(s) at issue in the Claim that is the subject of the arbitration. In the event of a conflict between the Rules and the terms of this Arbitration Agreement, this Arbitration Agreement shall control. If AAA is unavailable to resolve the Claims, then you can select the forum of arbitration for the resolution of the Claims.
B. Effective Date. This Arbitration Agreement is effective upon the 31st day after we provide it to you (the “Effective Date”) unless you opt-out in accordance with the requirements of the RIGHT TO OPT OUT provision in Section F below. The Arbitration Agreement is provided to you by mail on the day it is placed in the mail if you do not receive statements electronically. If you receive your statements electronically, then the Arbitration Agreement is provided to you when it was delivered electronically.
C. Arbitration Proceedings. The arbitration shall be conducted within 50 miles of the branch where your account was opened or within 50 miles of your current primary residence provided it is within a Dollar Bank market area. Any claims and/or defenses that can be asserted in court can be asserted in the arbitration. The arbitrator shall be entitled to award the same remedies that a court would be entitled to award, including any kind of injunctive relief that could be awarded by a court. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The arbitrator shall not be permitted to make errors of law. The arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, and except with respect to an error of law, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The Bank will pay for any filing, administration, and/or arbitrator fees imposed on you by the AAA or any other applicable arbitration forum. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your reasonable attorneys’ fees. Nothing contained in this Arbitration Agreement shall prevent either you or us from applying to any court of competent jurisdiction for provisional prejudgment relief, such as a temporary restraining order, a temporary protective order, an attachment, or any other pre-judgment remedies, nor shall it preclude applicable self-help remedies, such as set-off and repossession.
Any determination as to whether this Arbitration Agreement is valid or enforceable, in part or in its entirety, shall be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, that the enforceability of the Class Action Waiver set forth below shall be determined by a court of competent jurisdiction.
D. Class Action Waiver. ANY ARBITRATION OF A CLAIM SHALL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
E. Severability. In the event the Class Action Waiver in Section D of this Arbitration Agreement is found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall also be unenforceable. If any provision in this Arbitration Agreement, other than the Class Action Waiver, is found by a court of competent jurisdiction to be unenforceable, then the remaining provisions shall remain fully enforceable.
F. Right to Opt Out. You have the right to opt out of this Arbitration Agreement, and your election to opt out will not affect any other terms and/or conditions of your relationship with us. Your opt out notice must be sent to us (1) by email at email@example.com or (2) by mail to Dollar Bank Legal Department, 20th Floor, 20 Stanwix Street, Pittsburgh, PA 15222 prior to the Effective Date. Your notice of intent to opt out can be a letter that is signed by you or an email sent by you that states “I elect to opt out of the Arbitration Agreement” or any words to that effect that clearly demonstrate your intent to opt out of this Arbitration Agreement.