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Mass Arbitration

Small Claims Carve-Out

A clause term preserving the right to bring qualifying claims in small claims court.

A near-universal feature of consumer arbitration clauses, retained because it costs the drafter little and helps defeat the argument that the clause forecloses all practical avenues of relief. In the mass arbitration context it has an additional function: it gives claimants' counsel an alternative venue when a respondent refuses to pay provider fees.

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