Updated September 7, 2023
Arbitration Provision for TCPA Class Actions:
- Agreement to Arbitrate: By entering into this agreement or engaging in any business transaction with DigitalBGA, you acknowledge and agree that any dispute arising out of or related to the Telephone Consumer Protection Act (TCPA) and its provisions, including but not limited to any alleged violation of the TCPA, shall be resolved through binding arbitration in accordance with this provision.
- Arbitration Process: Any dispute subject to this arbitration provision shall be resolved through arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA) or JAMS, in accordance with their respective rules and procedures. The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable organization’s rules.
- Class Action Waiver: You further agree that any arbitration conducted pursuant to this provision shall be limited to individual disputes between you and DigitalBGA. You expressly waive your right to participate in any class action, consolidated, or representative proceeding in arbitration or in court. The arbitrator shall have no authority to consolidate claims of multiple individuals or award relief to a group or class of claimants.
- Opt-Out Provision: If you do not wish to be bound by this arbitration provision, you may notify DigitalBGA in writing within 30 days from the date of your first engagement with DigitalBGA. Your written notice must include your name, address, and a clear statement expressing your intent to opt-out of this arbitration provision. In the absence of an opt-out notice within the specified timeframe, you shall be deemed to have agreed to the terms of this provision.
- Governing Law and Jurisdiction: The arbitration shall be governed by and conducted in accordance with the Federal Arbitration Act (FAA) and the substantive laws of the state of Texas, without regard to its conflict of law principles. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, including injunctive relief.
- Severability: If any part of this arbitration provision is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. In such a case, the unenforceable or invalid provision shall be replaced with a valid provision that achieves the original intent as closely as possible.
By accepting this agreement or engaging in any business transaction with DigitalBGA, you affirm that you have read, understood, and voluntarily agreed to be bound by this arbitration provision and waive your right to bring or participate in a TCPA class action.
Contact DigitalBGA at email@example.com or 888-510-1275