IN LAYMAN’S TERMS EXPLAIN THE CLASS ACTION WAIVER WITHIN THIS RENTAL AGREEMENT.
ID: 382015 • Letter: I
Question
IN LAYMAN’S TERMS EXPLAIN THE CLASS ACTION WAIVER WITHIN THIS RENTAL AGREEMENT.
RENTAL AGREEMENT-CLASS ACTION WAIVER.
18.5
Both parties are giving up the right to a jury trial. Each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class action lawsuit or representative proceeding, consolidated action, or private attorney general action. Further, the arbitrator may not consolidate more than one than person's claims, and may not otherwise preside over any form of a representative or class proceeding, consolidated action or private attorney general action. This arbitration agreement does not stop you from bringing issues to the attention of federal, state, or local agencies, who may seek relief against us on your behalf. If this specific provision, known as the “class action waiver” is found to be unforcibleable, then the entirety of this attribution provision shall be null and void except paragraph 18.1, which shall remain in full force and effect.
18.6
For all claims and counterclaims together valued at less than $25,000, the parties must proceed with a documents-only attribution hearing, unless otherwise agreed upon in writing by both parties.
18.7
Notwithstanding any provision in this rental agreement to the contrary, if we make any future change to this arbitration provision (other than a change to the notice addresses in paragraph 18.1) you may reject any change by sending written notice within 30 days of the change to us, ATTN: opt-out 701 Western Ave, Glendale, CA 91201.
18.8
This attribution provision is optional. You may the decline this agreement to arbitrate by sending and signed notice to us, ATTN: opt-out 701 Western Ave, Glendale, CA 91201, within 30 days of signing this rental agreement.
Explanation / Answer
Class Action refers to a suit filed jointly by a large number of people with common stance and issues. The jury considers the case as a single issue filed on behalf of a number of people while the defendants have to abide by the jury decision and compensate or take action for all the litigants in case of an adverse decision by the court.
In layman terms, Class Action means instead of filing separate claims for same issue against a common entity, people collectively file a single suit with common issue against a common entity.
In the case study (Rental Agreement), Class Action waiver clause means that none of the parties involved i.e. the tenants or the owners can take the recourse to file a joint suit with common cause in case of any dispute. They can only file suit in individual capacities and not as a Class Action.