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.
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.
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If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"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 T-Mobile 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. The enforceability of this provision therefore varies by jurisdiction. GOVERNANCE EXPOSURE: Medium. The jury trial waiver applies regardless of whether the customer opts out of arbitration, meaning that customers who opt out of arbitration to preserve class action rights still waive the right to a jury trial in court. This interaction between the two waivers may be material in certain litigation contexts. JURISDICTION FLAGS: Several states, including California, have held that pre-dispute jury trial waivers in standard consumer contracts may be unenforceable under state procedural law. Enforceability should be assessed on a jurisdiction-by-jurisdiction basis. CONTRACT AND VENDOR IMPLICATIONS: Business customers should assess the implications of a jury trial waiver for the adjudication of high-value disputes that may proceed to court, including disputes that escape arbitration due to partial unenforceability of the arbitration clause. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the jury trial waiver is enforceable in the jurisdictions where T-Mobile customers are located, particularly for business accounts in states with restrictive rules on pre-dispute jury trial waivers.
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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 206 platforms. See the full comparison.
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