“If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.”
This provision establishes that if any claim proceeds in court rather than arbitration, both the customer and T-Mobile waive the right to a jury trial. The waiver applies in any court proceeding, regardless of the basis for the claim.
This analysis describes what T-Mobile's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Any court dispute between the customer and T-Mobile will be decided by a judge alone, with no jury, regardless of which party would otherwise have the right to request one.
The updated terms remove prior language stating that if a promotional rate plan customer qualifies for a price-related promotion, T-Mobile will not increase monthly recurring charges except per promotion terms. The revised language now states that price commitments do not extend to new technologies, features, or services unless expressly stated otherwise. This means promotional customers may face price increases for new services or technologies not explicitly covered by their original promotion. Additionally, T-Mobile expanded grounds for service termination to include theft and unlawful conduct, and restructured how account authorization and credentials are managed, requiring authentication of Authorized Users before access is granted.
View change record →Under this clause, any dispute between a customer and T-Mobile that proceeds in court rather than arbitration will be decided by a judge rather than a jury, as both parties waive the right to a jury trial for all court proceedings.
How other platforms handle this
if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding...would allow class arbitration...this entire dispute resolution section will be unenforceable.
"If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.Excerpt from T-Mobile's Terms and Conditions
REGULATORY LANDSCAPE: Jury trial waivers in consumer contracts are subject to enforceability analysis under state law, as several states prohibit or limit pre-dispute jury trial waivers in consumer agreements.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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Any court dispute between the customer and T-Mobile will be decided by a judge alone, with no jury, regardless of which party would otherwise have the right to request one.
Under this clause, any dispute between a customer and T-Mobile that proceeds in court rather than arbitration will be decided by a judge rather than a jury, as both parties waive the right to a jury trial for all court proceedings.
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
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