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Can I refuse arbitration and go to court instead?

My phone contract says all disputes must go to arbitration. I would rather go to small claims court over an overcharge. Can I?

Asked anonymously · 1 month ago · Texas, US · 175 views · 1 answers

1 lawyer answer

Arbitration clauses are generally enforceable, but many consumer contracts carve out small claims court, and some jurisdictions limit arbitration clauses in consumer or employment contracts.

  • Read the clause for small claims exceptions and opt-out options.
  • Check deadlines for any opt-out right.
  • Look at who pays arbitration fees.

Consumer protection agencies can sometimes help with billing disputes regardless of the arbitration clause.

This is general information, not legal advice — speak to a licensed lawyer about your situation.

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