Arbitration and class-waiver language needs a lawyer

JSONMarkdown

The requirementstatement

Arbitration, class-action-waiver and governing-law language must be reviewed by counsel rather than generated.

Severityseverity
MediumMEDIUMUsually survives review, but lowers your trust score or invites a manual look you would rather avoid.
When it bitesphase
Gates approvalapprovalGet this wrong and the brand or campaign is refused at registration.
What is checkedobject
ToS arbitration and dispute-resolution clauses
Where it liveslayer
Policy pagesPOLICY_PAGE
How Ekas settles itdetectability
Human checkHUMAN
Only someone holding the document or making the call can settle it. Ekas tells you exactly what to look at.
What the fix involvesfailureClass
Supply evidenceTERMINAL_EVIDENCE
Needs proof only you hold: a screenshot, a recording, a scan of the form people signed.
Who requires itauthorities
TCR
When it appliesapplicabilityText
Applies to every 10DLC registration.

Why this rule existsrationale

These clauses are jurisdiction-sensitive, increasingly challenged, and drafted wrongly they are struck out — taking the protection with them and sometimes more of the document besides. A generated arbitration clause is the single highest-risk thing a document tool can emit, because it reads as authoritative and its defects are invisible until it is relied on.

How to fix itremediation

Have counsel draft or review the dispute-resolution clauses for the states you operate in, before publishing. Done when a lawyer has signed off on the arbitration and class-waiver wording specifically.

Check this yourselfattestation

No tool can settle this one for you. Here is the check, and what wrong looks like.

Has a lawyer signed off on the arbitration and class-waiver wording specifically, for the states you operate in?

  1. 1Identify the dispute-resolution clauses in the terms: arbitration, class-action waiver, governing law.
  2. 2Have counsel draft or review them before publishing — not the document in general, these clauses in particular.

What wrong looks like: A generated arbitration clause reads as authoritative and its defects are invisible until it is relied on. Drafted wrongly it is struck out, taking the protection with it and sometimes more of the document besides.

Notesnotes

Absorbs POL-245, which states the same escalation for generated clauses. Not something the registry should settle or the product should generate unreviewed: the user has to route these clauses to a lawyer, and a draft that contains them should say so at export.

Rules you will hit next

Other policy pages rules at the same severity. A registration is judged as a whole, not rule by rule.

POL-020A non-English site needs an English policyMediumMEDIUMPOL-027The policy URLs must stay live after approvalMediumMEDIUMPOL-028Keep a dated copy of both documents as submittedMediumMEDIUMPOL-058A service-provider carve-back is required, not prohibitedMediumMEDIUMPOL-076The privacy policy must describe data handling, not sell the programmeMediumMEDIUMPOL-104The policy must say how message content is handledMediumMEDIUM

All policy pages rules

POL-214 is one of 157 policy pages rules in the 915-rule 10DLC registry. Free to cite under CC BY 4.0.

Reading the rules is the easy part.

Ekas runs every rule that gates approval, 823 of these 915, against your registration before it reaches the carrier. It reads your site, your policy pages and your opt-in the way a reviewer would, and hands you the fix, not just the verdict.

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