Arbitration Agreement
Last updated: August 19, 2026
PRE-DISPUTE RESOLUTION PROCEDURE AND Dispute Resolution by Binding Arbitration – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.
(a) Pre-arbitration Informal Negotiations Requirement.
Before either party may initiate arbitration pursuant to Section (b) below, the parties must first comply with the pre-arbitration negotiation requirements in this Section. No demand for arbitration may be filed unless and until the complaining party has satisfied the good faith attempt to resolve the dispute informally as provided in this Section (a). The party asserting a dispute against the other (the "Complaining Party") shall provide written notice to the other party (the "Responding Party") that identifies with reasonable specificity: (i) the nature of the dispute, including the facts giving rise to the claim; (ii) the provision(s) of this Agreement alleged to have been breached or the legal basis for the claim; (iii) the relief or remedy sought, including any monetary amount claimed; and (iv) the name, title, and contact information of the representative with decision-making authority (if any) who will participate in negotiations on behalf of the Complaining Party. The Notice shall be sent to: Debt.com, LLC, Attn: Legal Department, 8220 W. State Road 84, Fort Lauderdale, FL 33324 or by email delivered to [email protected]. Upon the Responding Party's receipt of the written notice, the parties shall engage in good faith negotiations for a period of no less than thirty (30) days and up to sixty (60) days (the "Negotiation Period") in an attempt to resolve the dispute without needing to proceed to formal Arbitration. The Negotiation Period required by this Section shall toll any applicable statute of limitations, contractual limitations period, or deadline for commencing arbitration with respect to the dispute that is the subject of the written notice, provided that such tolling shall not exceed sixty (60) days from the date the Responding Party receives the written notice. Each Party shall be responsible for its attorney fees during the Negotiation Period. If the parties are unable to resolve the Dispute during the Negotiation Period, the Complaining Party may initiate arbitration pursuant to Section (b) below.
(b) Mandatory Arbitration & Procedure.
Should you and Debt.com fail to resolve their dispute informally, any controversy between you and Debt.com and/or any vendor or provider listed on Debt.com’s Site, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our technology providers, designated servicers, and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Sites Disclaimers, use of the Debt.com Sites, the information on Debt.com’s Sites, any referral services provided by Debt.com, any Debt.com’s TCPA consent form, or alleged TCPA violation by Debt.com, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This agreement to arbitrate shall be governed exclusively by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without regards to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:
A. Arbitration Administration.
The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: Debt.com, LLC, Attn: Legal Department, 8220 W. State Road 84, Fort Lauderdale, FL 33324.
B. Commencement and Rules of Arbitration.
If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
C. The Arbitrator.
The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law, and in case of a federal law based claim the applicable federal law at issue.
D. The Arbitration Award.
The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, entitlement of legal fees and arbitration costs (including arbitrator costs and any expert witness costs), and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator shall determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
E. Waiver of Right to Bring Mass or Class Actions.
The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
F. Limitation on Injunctive Relief:
The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
G. Costs of Arbitration:
Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
H. Arbitration Opt-Out.
YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING DEBT.COM WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITES. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Attn: Legal Department, Debt.com, LLC, 8220 W. State Road 84, Fort Lauderdale, FL 33324 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
I. Excluded claims.
The only exceptions to the arbitration requirement are: (i) if the dispute or claim qualifies for small claims court in the jurisdiction in which you reside, then you or we may sue there instead; (ii) you or Debt.com may seek injunctive relief in court to stop infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). Excluded claims must be brought exclusively in small claims court sitting Broward County, Florida, where you and Debt.com consent to personal jurisdiction and venue and waive any right to a jury trial.
J. Delegation and Severability.
If the arbitrator determines that you and Debt.com are precluded from arbitrating any claim or demand for relief brought in arbitration, then that claim or demand for relief (and only that claim or demand for relief) must be severed from the arbitration. You and Debt.com agree that any severed claim or demand for relief, and any dispute about whether you or we complied with the pre-arbitration dispute resolution procedure may be brought only in state or federal court in Broward County, Florida, where you and Debt.com consent to personal jurisdiction and venue and waive any right to a jury trial. If any provision in this arbitration agreement is held unenforceable, then that provision shall be severed, with the remainder of the agreement remaining in full force and effect.
K. What does arbitration mean?
By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.