For All States Except California
DEFINITIONS
The following list defines key words as they are used in these Rules.
- Arbitration is a process in which two or more persons agree to let an impartial person or panel decide their dispute.
- Arbitrator refers to the individual or panel selected to conduct your arbitration hearing and make a decision in your dispute. Any action taken and decision made by a panel shall be by majority vote.
- CBBB refers to the Better Business Bureau or CBBB staff handling the case.
- CBBB refers to the Council of Better Business Bureaus, Inc., which oversees the administration of the BBB AUTO LINE program.
- Days refers to calendar days.
- Decision refers to the written document signed by the arbitrator and mailed to the parties.
- Parties refers to the participants in the dispute. These Rules often refer to the individual parties in an arbitration as the "consumer" and the "company."
- Shall is mandatory; may is discretionary.
- You refers to the parties involved in the dispute being arbitrated.
SCOPE OF BBB AUTO LINE
Companies participating in BBB AUTO LINE have precommitted (agreed in advance) with the CBBB to arbitrate certain disputes that may arise with consumers. The precommitment includes defined limits as to eligibility and remedies that may be sought.
Claims that may be arbitrated under BBB AUTO LINE are limited to those that fall within a company's precommitment to arbitrate, unless the company specifically agrees to arbitrate additional claims.
The BBB will provide the consumer with a Program Summary that explains the scope of a particular company's precommitment to arbitrate.
AGREEMENT TO ARBITRATE
The BBB shall prepare an Agreement to Arbitrate that lists the vehicle problems you would like to arbitrate. These are the only vehicle problems that may be discussed at the arbitration hearing-the arbitrator will not have authority to consider vehicle problems unless they are included on the Agreement to Arbitrate.
The Agreement to Arbitrate shall include only those vehicle problems that fall within a company's precommitment to arbitrate, unless the company agrees to arbitrate additional problems in your case.
The Agreement to Arbitrate shall be provided to each party with the written hearing notice. If the Agreement to Arbitrate does not list all vehicle problems you wish to address at the hearing, immediately inform BBB AUTO LINE. Without the other party's consent, changes can be made to the Agreement to Arbitrate only if requested at least 72 hours prior to your hearing.
The Agreement to Arbitrate will in most cases set out the remedies sought by a party, which must fall within a company's precommitment to arbitrate unless the company agrees to arbitrate for additional remedies. The arbitrator is not limited by the remedies set out on the Agreement to Arbitrate, and parties may argue at the hearing for any remedies that are within the scope of the arbitrator's authority as determined by these Rules and the applicable company Program Summary.
AVAILABLE REMEDIES
The arbitrator may award any remedies available under the company's Program Summary. Additional remedies may be awarded only if agreed to by the parties.
Punitive damages, allegations of fraud or claims for personal injury or mental anguish shall never be arbitrated.
SELECTING YOUR ARBITRATOR
The BBB maintains a pool of arbitrators who have been certified by the CBBB. Arbitrators have been trained to conduct hearings and make decisions in accordance with these Rules. They do not necessarily have mechanical or legal expertise but can call upon the assistance of an impartial technical expert when necessary.
The BBB will instruct the parties as to how your arbitrator will be selected and whether a single arbitrator or panel of three arbitrators will be used. The arbitrator(s) will be selected in an impartial manner that ensures the arbitrator does not have a financial, competitive, professional, family or social relationship with any party (unless, pursuant to Rule 7, all parties are aware of any such relationship and specifically agree the arbitrator may serve).
COMMUNICATING WITH THE ARBITRATOR
A party or anyone representing a party shall not communicate in any way with the arbitrator about the dispute except (1) at an inspection or hearing for which the other party has received notice, or (2) when all other parties are present or have given their written permission.
All other communication with the arbitrator must be sent through the BBB.
Violation of this rule may result in your case being discontinued.
QUALIFYING THE ARBITRATOR
The arbitrator shall sign a special oath pledging to make an impartial decision in the dispute. If the arbitrator believes he or she cannot make an impartial decision, he or she shall refuse to serve.
If a financial, competitive, professional, family or social relationship exists (even if the arbitrator believes the relationship is so minor that it will have no effect on the decision), it shall be revealed to everyone, and you may decide whether this arbitrator should serve in your case.
The BBB reserves the right to reject an arbitrator for any reason it believes will affect the credibility of the program.
YOUR REPRESENTATIVE
You may present your own case or have someone represent you. If the owner/lessee of the vehicle will not attend the hearing, he/she must furnish the BBB with a written statement authorizing a representative to appear at the hearing for the owner/lessee.
If a party will be represented by a lawyer, that party must give the lawyer's name, address and telephone number to the BBB at least 10 days before the hearing. The BBB will notify the other parties to give them an opportunity to obtain a lawyer if they want. Failure to give the BBB advance notice shall result in a rescheduling of the hearing, unless the other party agrees to proceed as scheduled.
INSPECTION BY THE ARBITRATOR
A party or the arbitrator may request an inspection of the vehicle involved in your dispute. The BBB will always schedule an inspection when a consumer seeks a repurchase or replacement of his or her vehicle, unless all parties agree that such an inspection is not necessary.
In most cases, the inspection will be performed as part of the hearing; otherwise, the inspection will be scheduled for a later date, and all parties will receive at least three days' notice unless waived by all parties.
If the BBB has scheduled an inspection and the vehicle is not available for inspection, your case will be closed and no decision will be made unless state law or regulation provide otherwise.
The arbitrator will determine whether a test drive will be taken in the vehicle. A test drive may not be taken, however, unless the consumer has liability insurance that satisfies your state's minimum requirements. The consumer's liability insurance will apply during any test drive.
During the test drive, all laws will be observed and reasonable safety precautions will be taken.
TECHNICAL EXPERTS
At the request of the arbitrator or by agreement of both parties, the BBB will make every effort to obtain an impartial technical expert to inspect the vehicle involved in the dispute. Under some circumstances, which will be explained in the company's Program Summary, a technical expert will be appointed automatically and will examine the vehicle prior to the arbitration hearing.
If there is an inspection by an impartial technical expert, the consumer will be contacted to arrange the inspection. To maintain the technical expert's impartiality, the consumer should not speak with the expert except to arrange access to the vehicle for inspection.
The impartial technical expert's findings will be presented in writing or in person (at the BBB's option) either before, during or after the hearing. In any case, both parties will have an opportunity to evaluate and comment on the qualifications and findings of the technical expert. The parties agree that they will not contact the impartial technical expert at any time, including after the arbitration case has closed, in relation to the impartial technical expert's findings.
You also have the right to have your own technical expert serve as a witness at your own expense.
HEARING NOTICE
The BBB will set a date, time (during normal business hours) and a place for your arbitration hearing. The hearing will be held at a BBB office or other neutral location. Notice of the date, time and place of the hearing will be communicated or sent to you at least ten days in advance of the hearing.
If an emergency prevents you from attending a hearing, call the BBB at 1.800.955.5100 prior to the scheduled hearing time.
The BBB reserves the right to make a final determination as to the time, date and place for the arbitration hearing.
MANNER IN WHICH HEARING IS CONDUCTED
Although most arbitrations involve in-person hearings, the BBB, at a party's request, may arrange to have that party's statement and evidence presented by telephone or in writing.
If the consumer asks to present his or her case at an in-person hearing, that request will be honored.
If the consumer appears in person, the company may present its case in person, by telephone or in writing.
If the consumer presents his or her case by telephone, the company may present its case by telephone or in writing.
If the consumer presents his or her case in writing, the company must also present its case in writing.
When one or more parties present their case by telephone, a speaker phone or conference call will be used so all parties can effectively participate in the hearing.
ATTENDANCE AT HEARINGS
The BBB has the option to arrange for its staff, other arbitrators or government representatives to attend arbitration hearings.
For any other observer to attend a hearing, the BBB will first determine if reasonable accommodations exist, and then make sure the consumer and arbitrator have no objection to the presence of an observer. If there is room and there are no objections, the observer may attend subject to the BBB's directions regarding proper conduct.
MEDIA PRESENCE AT HEARINGS
Media shall be permitted access to arbitration hearings on the same basis as other observers.
Unless there is approval by all parties and the arbitrator, no one other than the BBB shall be permitted to bring cameras, lights, recording devices or any other equipment into the hearing.
All observers shall be subject to the BBB's directions regarding observers' proper conduct during the hearing.
YOUR ABSENCE FROM THE HEARING
If one party does not attend a hearing after receiving proper notice, the arbitrator will proceed with the hearing and receive evidence from the other party.
The party who did not attend the hearing will be given the opportunity to present its position in writing within the time limits set by the BBB. If that party does not present its case within the set time limits, the arbitrator may make a decision without that party's position.
If the vehicle is not brought to the hearing for an inspection as required by Rule 9, the BBB may schedule another inspection.
RECORD OF HEARING
The BBB will maintain basic file information on the arbitration hearing, such as the witnesses' names and documents presented as evidence at the hearing. Copies of these materials and other official arbitration forms relating to your case will be given to you on request. A reasonable copying fee may be charged.
The BBB will audiotape the hearing. Copies of the tape will be furnished to a party, upon request, for a reasonable copying fee. Requests for a copy of the tape must be made within sixty days after the hearing, since tapes may be erased after that time.
INTERPRETERS
If a party needs an interpreter for the arbitration hearing and cannot provide one, contact the BBB and it will make every effort to find a volunteer interpreter.
OATH OF PARTICIPANTS
The parties and their witnesses shall be placed under oath at the hearing.
HEARING PROCEDURES
The arbitrator will decide on the order and procedures for each party to present its side of the dispute.
Each party will be given an opportunity to make a personal presentation of its case and to hear the other party's presentation. Parties may present any witnesses and evidence in support of their case, and shall have the opportunity to explain or rebut information presented by the other party. Parties may also question the other parties, their witnesses and their evidence. After everyone has presented his or her case, each party will be given an opportunity to make a closing statement.
Parties should restrict their presentation to no more than an hour.
If the arbitrator determines additional information is necessary in order to make a fair decision, the arbitrator may direct that this additional evidence be submitted at a subsequent hearing or in any manner deemed appropriate by the arbitrator. The arbitrator will make every effort to obtain all necessary information in a timely manner so the decision may be rendered within the applicable time limits.
If the arbitrator directs that written evidence be submitted after the initial hearing, the evidence must be received by the BBB within eight days after the request is made unless a different time period is specified by the arbitrator. The BBB will send a copy of any evidence submitted to the other party for comments. Both the written evidence and any timely response shall be submitted by the BBB to the arbitrator.
When the arbitrator is satisfied all testimony and evidence have been presented, the hearing will be closed.
ADMISSION OF EVIDENCE AT THE HEARING
Parties may present their case without being restricted by courtroom rules of evidence. However, each party should be sure any evidence is relevant to the case.
The arbitrator may limit a party's presentation if the arbitrator believes it is repetitious or irrelevant.
WRITTEN STATEMENTS/AUDIO VISUAL EVIDENCE
If a party has a witness who cannot attend the hearing, that party may present the person's written statement to the arbitrator. A copy must be made for the other party to read and use for response.
Any party presenting its case by telephone or in writing should submit any written documents or evidence to the BBB at least three days before the hearing. The BBB will provide this information to the other party before the hearing.
Please inform the BBB at least three days prior to the hearing if you will be bringing any audio visual evidence to the hearing. The BBB will make arrangements to permit this evidence to be viewed and commented on by any party participating by telephone or in writing.
Before the arbitrator makes a decision, a party may ask the arbitrator for a reasonable number of days to respond to a written statement or document presented by the other party at the hearing. The arbitrator may grant the request at his or her discretion.
POST-HEARING EVIDENCE
Before a decision is made, the arbitrator may schedule new or additional hearings, or otherwise request new or additional evidence to get all relevant facts about the dispute.
SETTLEMENT
If all parties voluntarily decide to settle the dispute before the hearing, the settlement will end the dispute and no hearing will be held. The BBB will send each party a letter detailing the terms of the settlement.
If a voluntary settlement is reached during the hearing, the arbitrator shall include the settlement in a final or interim Consent Decision. The Consent Decision will be signed by the arbitrator and all parties. If a settlement is reached after the hearing, but before the arbitrator's final decision, be sure to notify the BBB at once.
TIME LIMITS
The BBB shall make every effort to obtain a final resolution of a claim within 40 days from the time your claim is filed, unless state or federal law provides otherwise.
THE DECISION
When the arbitrator has reached a decision in the case, all parties will be sent a written decision accompanied by the arbitrator's reasons for the decision. The BBB will not read a decision to a party over the phone.
- Scope of decision
A decision shall be one that:
- the arbitrator considers fair; and,
- falls within the scope of these Rules and the company's Program Summary.
- Types of decisions
There are two types of decisions:
- A final decision might award reimbursement for past repairs, repurchase, replacement or nothing at all. In these cases, the arbitrator has no further authority over the decision unless a valid request is made pursuant to Rule 25(C), Clarifying the decision; Rule 25(D), Correcting the decision or reasons for decision; or Rule 25(E), Decision is impossible to perform or to perform on time. Except to the extent that a lesser period of time is required by law or regulation, a repurchase decision shall require the company to perform the decision within 30 days after the company receives notice the decision has been accepted; replacement decisions shall require the company to perform the decision within 45 days after the company receives notice that the decision has been accepted.
- An interim decision will be written when the decision requires a repair to be performed, and it will require the repairs be completed within 30 days after the company receives notice the decision has been accepted.
An interim repair decision will state the conditions/symptoms to be repaired, and it will be the company's responsibility to select the appropriate repair facility and determine what repairs are necessary to correct the conditions/symptoms.
When an interim decision is rendered, the arbitrator maintains continuing authority over the decision during the time periods specified in the decision. A 30-day test-drive period shall apply, unless the arbitrator determines a longer period of time is necessary.
If an interim decision has been rendered and a reconvening is requested in writing in accordance with the terms of the decision, the BBB will schedule a further hearing. In addition to the evidence presented at that hearing, the arbitrator may request additional evidence from the parties or from an impartial technical expert before rendering a new decision.
- Clarifying the decision
You may not ask the arbitrator to clarify the reasons for decision.
You may request that the arbitrator clarify a decision if you do not understand the decision, or if you and the other party disagree about the specific action required by the decision. Requests for clarification must be in writing and must be received by the BBB prior to the time that performance is required under the decision.
The BBB will not accept a clarification request that attempts only to reargue your case or that is based solely upon your disagreement or disappointment with the decision.
If your written statement to the BBB is an appropriate request for clarification of the decision, it will be sent to the other party for a response. The BBB will send your clarification request and any response to the arbitrator. The arbitrator may either clarify the decision or reject the request for clarification and let the decision stand as written. Before making a decision on the clarification request, the arbitrator may request a telephone conference with all parties.
- Correcting the decision or reasons for decision
You may request correction of the decision or reasons for decision if you believe the decision or reasons contain a mistake of fact, a miscalculation of figures, or exceed the arbitrator's authority. Requests for correction of a decision or reasons must be in writing and received by the BBB prior to the time that performance is required under the decision.
A mistake of fact is not a conclusion of the arbitrator with which you disagree; it is a true error in suchthings as a date, time, place or name, and may justify correction only if it concerns the essence of the decision.
A miscalculation of figures is not a dollar figure you consider to be unfair; it is an arithmetic error. The BBB will not accept a correction request that attempts only to reargue your case or that is based solely upon your disagreement or disappointment with the decision.
If your written statement to the BBB is an appropriate request for correction, it will be handled in the same manner as a clarification request (see Rule 25(C)).
- Decision is impossible to perform or to perform on time
If any party believes the arbitrator's decision cannot be performed within the established time limit or at all, that party should immediately inform the BBB in writing. The BBB will process your submission in the same manner as a request for correction.
The arbitrator may request additional evidence, request another hearing, or do anything necessary to confirm or deny the claim of impossibility of performance. If the arbitrator confirms such impossibility, the original decision may then be changed to include any remedy falling within the scope of these Rules and the company's Program Summary.
If the company has exceeded the time for performance specified in the decision, the consumer should notify the BBB in writing. The BBB will immediately contact the company and attempt to determine the reasons for its noncompliance.
- Mathematical errors/correction
The CBBB reserves the right to correct obvious mathematical errors in the decision and/or obvious errors in the description of any person, thing or monetary amount.
- Suspending the time to perform
If a party submits to the BBB a written statement relating to clarification, correction or impossibility of performing the decision, the time for acceptance and performance of a decision shall be suspended until the issue is resolved by the arbitrator or by the BBB.
- Acceptance or rejection of the decision
The BBB will send the arbitrator's decision to the consumer for acceptance or rejection. Accompanying the decision will be an Acceptance/Rejection of Decision form, which will specify the number of days within which the consumer must accept or reject the decision. For a decision to be accepted, the BBB must receive a signed acceptance from all titled owners of the vehicle in question.
Decisions must be accepted or rejected without qualification. The consumer may not accept the decision by agreeing to it only with modifications.
Failure to return the signed Acceptance/Rejection of Decision form to the BBB within the time specified on the form shall be considered a rejection of the decision, unless the BBB, in writing, extends this period by a reasonable number of days for good cause.
Once the consumer accepts a valid decision:
- the company will be bound to abide by the decision and comply with its terms (subject to any limited right of review that may be provided by state or federal law);
- the consumer must comply with the terms of the decision;
- the consumer gives up the right to sue the company in court on any claim that has been resolved at the arbitration hearing, unless the company fails to perform according to the arbitrator's decision or unless otherwise provided by state or federal law; and,
- if the company fails to perform according to the arbitrator's decision, notify the BBB. You may have the right to enforce the decision in court or pursue other legal remedies under state or federal law.
If the consumer rejects the interim or final decision:
- the consumer may pursue other legal remedies under state or federal law;
- the company will not be obligated to perform any part of the decision;
- depending on federal or state law, the decision may be introduced as evidence by the consumer or the company in a civil court action relating to any matter that has been resolved in your arbitration hearing; and,
- BBB involvement in the case will end.
- Verification of Performance
If the consumer accepts the decision, all parties must do what the decision requires within the time limits set by the arbitrator.
Unless otherwise stated in the decision, the time for performance shall begin when the company receives written notice of the consumer's acceptance. Within ten days after the performance date, the BBB shall contact the consumer to verify whether the decision has been performed.
TIMELY OBJECTIONS
Any failure to follow these Rules that may significantly affect the independence, impartiality or fairness of the arbitration process should be brought to the attention of the BBB at the earliest opportunity.
Any party raising such objections should attempt to document the specific harm caused by the failure to follow these Rules. The BBB may request that party put its objection in writing. The CBBB will make a final decision on the appropriate action to be taken if the CBBB determines a failure to follow these Rules has significantly affected the independence, impartiality or fairness of the arbitration process.
CONFIDENTIALITY OF RECORDS
It is BBB policy that records of the BBB AUTO LINE dispute resolution process are private and confidential.
The BBB will not release the results of an individual case to any person or group that is not a party to the arbitration unless all parties agree or unless such release is required by law or pertinent to judicial or governmental administrative proceedings.
Semi-annual statistics for the national BBB AUTO LINE program are available on request.
JUDICIAL PROCEEDINGS/ EXCLUSION OF LIABILITY
In submitting to arbitration under these Rules, the parties agree that the arbitrator and/or impartial technical expert shall not be subpoenaed by either party in any subsequent legal proceeding. The parties further agree that the BBB, CBBB, and/or the arbitrator shall not be liable for any act or omission in connection with any BBB AUTO LINE case.
INTERPRETATION OF RULES/RIGHT TO DISCONTINUE ARBITRATION
The CBBB reserves the right, consistent with applicable state or federal law, to make the final decision on procedural questions, the scope of issues to be arbitrated, a consumer's eligibility for arbitration, and any other question concerning the application and interpretation of these Rules.
The BBB or CBBB at all times reserves the right to discontinue administration of arbitration for any case(s) due to a conflict with any state or federal law or regulation or due to the conduct of a party.