AT&T Wireless Home Phone Prepaid Service Terms of Service
"AT&T" or "we," "us" or "our" refers to AT&T Mobility LLC, acting on behalf of its FCC-licensed affiliates doing business as AT&T. "You" or "your" refers to the person or entity that is the customer of record and/or purchases or uses the WHP Prepaid Device (as defined below). This AT&T Wireless Home Phone Prepaid Service Terms of Service is an agreement between AT&T and you ("Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING OUR USE OF YOUR LOCATION INFORMATION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
AT&T Wireless Home Phone Prepaid service ("WHP Prepaid Service") utilizes a wireless gateway which enables your corded or cordless landline telephones to make calls over the AT&T wireless network. WHP Prepaid Service provides only voice service. To use the WHP Prepaid Service, you will need to purchase an AT&T Wireless Home Phone Prepaid device ("WHP Prepaid Device") and connect to it your corded or cordless landline telephone equipment (not included). Each WHP Prepaid Device can be associated with only one (1) phone number. The WHP Prepaid Device is sold for use on the AT&T wireless network and is not compatible with other wireless networks. All WHP Prepaid Services are subject to this Agreement, and activation of WHP Prepaid Service constitutes acceptance of the Terms of Service.
A Wireless Home Phone Prepaid monthly unlimited rate plan ("WHP Prepaid Unlimited Plan") is required. The WHP Prepaid Unlimited Plan includes inbound and outbound anytime minute domestic calls made to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. See Section "WHP Prepaid Unlimited Plan" below for additional details on unlimited voice services. International roaming is not enabled. Text messaging and other data services and features are not available with the WHP Prepaid Service.
The WHP Prepaid Unlimited Plan is designed for use with only the WHP Prepaid Device(s) that you have purchased and may not be used with any other device (via SIM-card transfer or any other means). If it is determined that you are using the WHP Prepaid Unlimited Plan on a device that is not a WHP Prepaid Device, AT&T reserves the right to terminate WHP Prepaid Service.
A new wireless number will be provided if you are not porting an existing wireless or home phone number to the WHP Prepaid Service. Your WHP Prepaid Device should be operated in a location where AT&T is authorized to provide wireless service. WHP Prepaid Service is not available everywhere. If your WHP Prepaid Device is used while on other carrier networks, AT&T's off-net usage restrictions apply. Please see att.com/WHPPrepaid for details.
AT&T does not represent that the WHP Prepaid Service will be equivalent to landline service. Because the WHP Prepaid Service uses a wireless network, you may experience occasional service limitations inherent to wireless service e.g., dropped calls. AT&T recommends that you place your WHP Prepaid Device on a hard surface with an unobstructed view of the outdoors in a location in the home that has an AT&T wireless signal strength that is acceptable to you.
911 calls are routed based on the wireless network’s automatic location technology. You should expect to provide your home address to the emergency response center responsible for sending first responders (e.g., police, medical assistance, or fire) to your location.
While battery backup is provided for your WHP Prepaid Device, if your WHP Prepaid Device is connected to a landline phone that requires external electric power to operate e.g., cordless phones, WHP Prepaid Service (including the ability to make and receive 911 calls) will not be available during a power outage.
WHP Prepaid Service is compatible with home answering machines but may not support your fax machine, alarm services including medical alert services, dial-up internet service, or credit card machines. The WHP Prepaid Service may not be compatible with satellite services or television services that require you to connect telephone service to television equipment such as digital video recorder equipment or on-demand movie services. You should contact your DSL provider before transferring a phone number to ensure uninterrupted DSL internet service.
CHARGES: You are responsible for paying all charges for or resulting from WHP Prepaid Services provided under this Agreement. Charges may include, without limitation: airtime, roamer, recurring monthly service, activation, administrative, returned-check and late payment charges; network and other surcharges; optional feature charges; toll, collect call and directory assistance charges; any other charges or calls charged to your phone number; and applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon AT&T. AT&T may add its own charges to those charged by third parties. Payment for all charges is made in advance, and there is no proration of such charges. You agree to pay for incoming and outgoing calls to and from your phone.
You must add money to your Wireless Home Phone Prepaid account ("WHP Prepaid Account") within 26 days of its activation, or your WHP Prepaid Account will be canceled. Prepaid refill cards and other account refills are nontransferable and nonrefundable. Amounts deposited into your WHP Prepaid Account expire in accordance with the stated refill denomination expiration period (e.g., $20/30 days). Unused WHP Prepaid Account balance is forfeited upon expiration. If money is added to your WHP Prepaid Account before the current balance expires, the existing balance will carry over to the new expiration date (Rollover Balance®). WHP Prepaid Accounts will be canceled 60 days after expiration. A service activation fee and new wireless home phone number will be required to open a new WHP Prepaid Account and activate WHP Prepaid Service. WHP Prepaid Account balance limit is $500. 900 numbers are not available. Rates and WHP Prepaid Services are subject to change.
Airtime and other measured voice usage ("Chargeable Time") begin for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
Voice usage is deducted in full-minute increments with partial minutes rounded up to the next full minute, including the last minute at the end of each call. Included features are: call waiting, call forwarding, 3-way calling, and voicemail access and retrievals. Standard charges apply to 800, 866, 877 and other toll-free calls. Directory assistance is $1.99 plus airtime. Taxes and other fees: In many jurisdictions, certain recurring fees or taxes will be debited from your account balance as allowed by law. Other taxes, surcharges and fees apply on top of refill denominations. Free calls: 611 automated customer service and 911 emergency. 611 may not work in all areas. You can also reach customer service by dialing 1-866-975-0050. Caller Number ID: Your wireless home phone number may be displayed to other wireless and landline phones with Caller ID capability.
COVERAGE MAP: WHP Prepaid Service is available only within Coverage area. Please review the coverage map, which shows the scope of your Coverage area. Map depicts an approximation of outdoor coverage. Actual coverage area may differ substantially from area shown on map, as coverage may be affected by terrain, weather, foliage, buildings and other construction, signal strength, customer equipment and other factors which do not allow AT&T to guarantee coverage or network availability. Charges will be based on the location of the site receiving and transmitting the call, not your location. Rates apply to calls to and from the Coverage area. Future coverage, if depicted on map, is based on current planning assumptions but is subject to change and may not be relied upon.
WHP PREPAID UNLIMITED PLAN: The WHP Prepaid Unlimited Plan is required and available for 30 days upon payment of the applicable rate plan charge. YOUR WHP PREPAID UNLIMITED PLAN WILL CONTINUE FOR 30-DAY PERIODS IF YOUR WHP PREPAID ACCOUNT HAS SUFFICIENT BALANCE TO PAY THE RATE PLAN CHARGE. The monthly rate plan charge for each renewal period will automatically be deducted from your WHP Prepaid Account balance at the end of the day (midnight Central Time) on your WHP Prepaid Unlimited Plan expiration date. If your WHP Prepaid Account balance is insufficient to pay the monthly rate plan charge, you will be unable to use any services, including rate plan services and pay-per-use services, until you refill your WHP Prepaid Account with enough funds to cover your rate plan charge. Monthly rate plan charge for your WHP Prepaid Unlimited Plan is not refundable. The day you activate and/or renew your plan is counted as a full day and counts towards the 30 days.
INTERNATIONAL CALLING: Per-minute international long distance charges apply if you do not have an international package or that package is depleted and not renewed. Higher charges may apply to mobile terminated calls in certain countries. Rates subject to change. See att.com/WHPPrepaid for a list of available countries, rates and other details.
PACKAGES: Packages are available for 30 days, as long as your account balance is not expired. If your account balance expires before the 30th day of the package, the package cannot be used (and the remaining time on the package will continue to run) unless you add money to your account during the remaining days of the package period. The day you add the package is counted as a full day and counts towards the 30 days. Package expires at 12 am Central Time on day 30. After the 30-day package expires or is depleted, usage will be charged according to your underlying rate plan. You must have an active (not expired) WHP Prepaid Unlimited Plan in order to purchase or renew a package. Limited Packages: A package that contains a specific allotment of airtime minutes is depleted when you use the entire allotment. If you select a package or additional feature that contains a predetermined allotment of airtime minutes, unless otherwise specifically provided as part of such package or feature, any unused allotment of airtime minutes from one monthly period will not carry over to the next monthly period. Additional charges may apply for detailed information about your usage of services.
INTERNATIONAL LONG DISTANCE PACKAGE: This package includes an allotment of minutes, detailed in the package grid, of long distance service to Mexico mobile and landline numbers for 30 days and also includes long distance service to landline and mobile numbers in specific countries. See att.com/WHPPrepaid for a list of countries. Renew this package before 30-day period expires and any unused airtime minutes will roll over to your new 30-day package period. Package may only be purchased twice within 30 days on an individual WHP Prepaid Account. If package is purchased more than twice within 30 days, AT&T reserves the right to block International calling and/or terminate your WHP Prepaid Service. AT&T will provide notice prior to blocking International calling and/or terminating your WHP Prepaid Service.
UNLIMITED VOICE SERVICES: Unlimited voice services are provided for live dialogue between two individuals. Unlimited voice services may not be used for multi-party calling (separate calls initiated by you but not bridged together), reselling of service through the use of external equipment (i.e., Simbox or any other type of equipment that allows reselling of service) or for tethering WHP Prepaid Service, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialogue between two individuals. If AT&T finds that you are using an unlimited voice service offering for other than live dialog between two individuals, AT&T may, at its option terminate your WHP Prepaid Service. AT&T will provide notice that it intends to terminate the Agreement.
CONFERENCE CALLING AND CALL FORWARDING: If your use of unlimited voice services for conference calling, or any variation thereof, or call forwarding exceeds 750 minutes per month, AT&T may, at its option, impose a 25¢ per minute usage charge for all calling over 750 minutes using one or more of these features, or terminate your WHP Prepaid Service. AT&T will provide notice that it intends to take any of the above actions, and you may terminate the Agreement.
OFF-NET USAGE: For any off-net usage, AT&T may at its option, impose a per minute usage charge or terminate your WHP Prepaid Service. Please see att.com/WHPPrepaid for details. AT&T will provide notice that it intends to take either of the above actions, and you may terminate the Agreement.
VOICEMAIL SERVICE: You are solely responsible for establishing and maintaining security passwords to protect against unauthorized use of your voicemail service. For information as to the number of voicemail messages you can store, when voicemail messages will be deleted, and other voicemail features, see att.com/wirelessvoicemail. We reserve the right to change the number of voicemails you can store, the length you can store voicemail messages, when we delete voicemail messages, and other voicemail features without notice. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the voicemail service upon your request.
DISPUTES: WITHIN 100 DAYS OF THE DATE OF ANY EVENT GIVING RISE TO A DISPUTE, YOU MUST NOTIFY US IN WRITING AT AT&T BILL DISPUTE, 1025 LENOX PARK BLVD., ATLANTA, GA 30319 ("AT&T'S ADDRESS") OF SUCH DISPUTE, INCLUDING A DISPUTE OVER ANY CHARGES AND ANY WHP PREPAID SERVICE WE PROVIDED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE.
DEVICE: WHP Prepaid Devices purchased for use on AT&T’s systems are designed for use only on AT&T’s network and may not function on other wireless networks. WHP Prepaid Device is sold exclusively for use with WHP Prepaid Service. By purchasing WHP Prepaid Device, you agree to activate and use it for WHP Prepaid Service. You also agree that you will not make, nor will you assist others to make any modifications to the WHP Prepaid Device or its programming to operate on any other system. AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the WHP Prepaid Device on other systems. You will be liable to AT&T for any damages resulting from the conduct prohibited in this section.
LOCATION-BASED SERVICES: AT&T collects information about the approximate location of your WHP Prepaid Device in relation to our cell towers and the Global Positioning System (GPS). We use that information, as well as other usage and performance information also obtained from our network and your WHP Prepaid Device, to provide you with WHP Prepaid Service, and to maintain and improve our network and the quality of your wireless experience. We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes, such as scientific and marketing research, and services. It is your responsibility to notify users on your account that we may collect and use location information from WHP Prepaid Devices. For more information on Location-Based Services, please visit att.com/privacy.
LOST OR STOLEN PHONES: If your WHP Prepaid Device is lost or stolen, you must contact us immediately to report the WHP Prepaid Device lost or stolen. If your WHP Prepaid Device is lost or stolen, you will be responsible for all charges incurred on your phone number until you report the theft or loss. You can report your WHP Prepaid Device as lost or stolen and suspend service without a charge by contacting us. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any monthly service fees. We and you have a duty to act in good faith and in a reasonable and responsible manner, including in connection with the loss or theft of your WHP Prepaid Device.
DISHONORED CHECKS AND OTHER INSTRUMENTS: We will charge you up to $30 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason.
CHANGES TO TERMS AND RATES: We may change any terms, conditions, rates, fees, expenses, or charges regarding your WHP Prepaid Service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as AT&T determines to be most practicable, including playing a recorded message when you attempt to place a call or attempt to add funds to your WHP Prepaid Account, sending written notice to the address provided at the time of activation, or by such other means as AT&T may determine. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE WHP PREPAID SERVICES TO WHICH YOU SUBSCRIBE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE.
TERMINATION: Either party may terminate this Agreement (which will terminate the provision of the WHP Prepaid Service) at any time on advance notice to the other party. Funds deposited into your WHP Prepaid Account via any method will not be refunded. AT&T may terminate this Agreement at any time without notice if we cease to provide WHP Prepaid Service in your area. We may interrupt or terminate your WHP Prepaid Service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your WHP Prepaid Device is being used for any fraudulent or unlawful purpose or in a way that may adversely affect our service. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of WHP Prepaid Devices.
LIMITATION OF LIABILITY: Unless prohibited by law, the following limitations of liability apply. WHP Prepaid Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required, and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions, and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all WHP Prepaid Services may be available for purchase or use in all sales channels or in all areas. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the WHP Prepaid Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the WHP Prepaid Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED WHP PREPAID SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. AT&T MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
(a) act or omission of a third party;
(b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the WHP Prepaid Services or software provided by or through us;
(c) damage or injury caused by the use of WHP Prepaid Services, software, or WHP Prepaid Device, including use in a vehicle;
(d) claims against you by third parties;
(e) damage or injury caused by a suspension or termination of WHP Prepaid Services or software by AT&T; or
(f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your WHP Prepaid Service is interrupted for 24 or more continuous hours by a cause within our control, we may issue you, upon request, a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period your WHP Prepaid Service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for WHP Prepaid Service failures is limited solely to the credit set forth above.
Unless prohibited by law, AT&T isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, WHP Prepaid Services, Software, or WHP Prepaid Devices provided by or through AT&T, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold AT&T and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by AT&T or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF AT&T, or any violation by you of this Agreement. This obligation shall survive termination of your WHP Prepaid Service with AT&T. AT&T is not liable to you for changes in operation, equipment, or technology that cause your WHP Prepaid Device or software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON’T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ACCOUNT ACCESS: You authorize us to provide information about and to make changes to your WHP Prepaid Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our WHP Prepaid Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-866-975-0050. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.
(1) AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to "AT&T," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or WHP Prepaid Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
(3) After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay you the amount of the award or $10,000 ("the alternative payment”), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
MISCELLANEOUS: This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on an AT&T website and any documents expressly referred to herein or therein, make up the complete agreement between you and AT&T, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. AT&T may assign this Agreement, but you may not assign this Agreement without our prior written consent. In the event of a dispute between us, the law of the state of your address of record on your account at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version, and any other language version, will be resolved with reference to and by interpreting the English version.
Connecticut Customers/Questions About Your WHP Prepaid Service: If you have any questions or concerns about your WHP Prepaid Service, please call Customer Care at: 866-975-0050, dial 611 from your landline telephone equipment connected to WHP Prepaid Device or visit att.com/wireless. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC): Online: www.state.ct.us/dpuc; Phone: 800-382-4586; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
Puerto Rico Customers: If you are a Puerto Rico customer and we cannot resolve your issue, in addition to binding arbitration or small claims court, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: Capital Center Building, Tower II, 235 Avenida Arterial Hostos Suite 1001, San Juan, Puerto Rico 00918-1453; Phone: 787-756-0804 or 1-866-578-5500; Online: www.jrtpr.gobierno.pr.
Lifeline Services: As part of federal government program, AT&T offers discounted wireless service to qualified low income residents in selected states. For questions or to apply for Lifeline service, call 1-800-377-9450. Puerto Rico customers should contact 1-787-405-5463.
For tips on how to protect against fraud, please visit the CPUC’s website at, www.CalPhoneInfo.com.
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