US Cable Support > Cox HSI > [ALL] New COX TOS - New Mandatory Arbitration Clause - Opt Out?

[ALL] New COX TOS - New Mandatory Arbitration Clause - Opt Out?

Re: [ALL] New COX TOS - New Mandatory Arbitration Clause - Opt O

reply to cvv01
Be sure to send it certified mail... documents like this have a tendency to get "lost" or "misdirected."

reply to cvv01
I intend to opt out.

What the hell does this mean? Does it have to do with repeat *IAA violations?

I wonder who's idea it is to make people send off a letter...? Maybe there's some legal reason for it I'm not aware of it. Interesting, though, that I can sign a legally binding contract with Cox through email, but for this you have to send off a letter. I can't help but suspect that they know most people these days will be too lazy to actually send off a real letter.

The requirement to send a letter via mail is purely a deterrent. Or so most companies think..Too bad the internet moves faster than them. Below is the lazy way to send Certified Mail without the hassle of going to the post office.

»click2mail.com/by-product/certified-mail

Ha! Good one, I might use that service myself. Thanks for sharing.

reply to cvv01
After reading the new agreement, its more than the arbitration that one should be concerned about.
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Such as? I did not notice many other changes.

reply to cvv01
This was so wtf that I did a mini write up on this @ »mryanbrown.posterous.com/cox-com···nt-manda

What I found to be curious is that if one applies the same logic that California has used in regards to predispute contractual waiver's of right to jury trials in Arizona then it should be fairly easy to argue that a waiver of the right to jury trial is unenforcable even if one opt's-out under Cox's terms.

Basically it appears to be a scare tactic to have you falsely assume that you can not have a jury trial. When in reality the only valid methods to waive the right to jury trial are as follows:

(1) By failing to appear at the trial.
(2) By written consent filed with the clerk or judge.
(3) By oral consent, in open court, entered in the minutes.
(4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it set upon notice or stipulation or within five days after notice of setting if it is set without notice or stipulation.
(5) By failing to deposit with the clerk, or judge, advance jury fees as provided in subdivision (b).
(6) By failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day's session, the sum provided in subdivision (c).

Now, I'm not a lawyer or anything and this isn't legal advice. But it might just be worth it for you to assert your rights.

Nice post and interesting info. After reading your post and the date you mention, it looks like COX yet again updated the subscriber agreement portion of ToS again in Dec. Again, without any apparent notice, written or otherwise.

This may have effectively given everyone an extension since they revised the ToS on 12/20/2011 and included, again, the opt-out provision with 30 days.

But....this time it appears you CAN opt-out via email, rather than US mail. Guess they got tired of signing for a boatload of certified mail.

reply to cvv01
You notice there is a Jury Trail Waiver you can't op out of?

20.6 Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, including without limitation, that the class waiver is found unenforceable, or if you opt out of this dispute resolution agreement, you and Cox expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Cox if, for any reason, the arbitration agreement is not enforced.

Right. And if you don't opt out, your stuck with arbitration and dealing with COX directly as your only options.

reply to huntermcdole
They *say* you can't opt-out. But it's not valid nor legally enforceable in certain states. Though I'm sure it's perfectly valid in their home state of Georgia.

But since it's NOT ENFORCEABLE in say California and Arizona since the right to jury trial is "inviolate" under the State constitutions, the provision is not enforceable in those states or states with such a constitutional protection.

Though it is enforceable for *business* service.

Exercising your right is not disputing it. Should they dispute the fact you do request a jury trial then they would be the ones in violation of their own term.

Arguing with them is disputing it, simply doing it is not.

Yeah I thought I had heard something about in AZ you can't wave your right to a Jury Trial by signing something. I will be op'ing out of the Arbitration. I was pointing out, I missed where it was in the OP talking about it in 20.7...

reply to cvv01
Where can you opt out by email?

Near bottom of the section 20.7 is the opt-out by email option. This appears to have just been added as of 12/20/2011.

»ww2.cox.com/aboutus/policies.cox

20.7 Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 20.6 above) by notifying Cox of that intent within 30 days of the date of this Subscriber Agreement for current customers. For new customers activating Service after the date of this Subscriber Agreement, you may opt out by notifying Cox of that intent within 30 days of the date you subscribe to the Service. You may opt out through either of the following options (please include your name, address, and Cox account number on the communication): (1) sending a letter stating your intent to reject this dispute resolution provision to Cox at Cox Legal Department, Attn: Litigation Counsel, 1400 Lake Hearn Drive NE, Atlanta, GA, 30319; or (2) sending an email with your intent to reject this dispute resolution provision to ArbitrationOptOut@cox.com. Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement or other contracts with Cox and you may remain a Cox customer. If you opt out of the dispute resolution provision, you will not be required to do so again if Cox modifies this section in the future or you agree to a new term of service.

Thanks! Just sent Cox an email.