Supplemental Terms and Conditions

Last updated on October 12, 2021

These supplemental terms and conditions apply to Claims meeting one of the following criteria:

• Submitted on or after July 26, 2020, 4:30pm PDT, against American Express, American Home Shield, or College Board, or their respective affiliates.

These terms apply in addition to our standard terms and conditions, available here.

If you submitted a claim before July 26, 2021, 4:30pm PDT, you can find the applicable supplemental terms and conditions here.

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In order to increase the value of FairShake’s Stake in your Claim, FairShake may, at its option, arrange to provide you with special Attorney Services to support your claim and help facilitate communications between you and your Counterparty, above and beyond what we occasionally pay to provide for other claims (the “Expanded Attorney Services”). 

FairShake will choose and appoint the attorney who provides the Expanded Attorney Services, and will pay for legal costs associated with the Expanded Attorney Services, if any. FairShake will also manage and facilitate all communications between you and the attorney providing the Expanded Attorney Services in order to ensure quality customer service and efficient communication.

Expanded Attorney Services generally come in two varieties – Full Representation or Limited Scope Representation. Here are more details about what’s included (and what’s not) in those two varieties of Expanded Attorney Services:

FULL REPRESENTATION:
The attorney who is providing the Expanded Attorney Services will commit to fully represent you in your claim against the Counterparty under the terms described in this engagement agreement (for claims against American Express or American Home Shield), or this engagement agreement (for claims against College Board) including:

• Receiving, analyzing and advising you on all communications from the Counterparty (including, without limitation, requests for information, objections to claims, and settlement offers);
• Evaluating your claim and, if appropriate, rewriting, amending or adding to any descriptions or requests for relief that you submitted;
• Giving you limited negotiation advice and recommendations, including evaluations of settlement offers; and 
• Representing you in any arbitration hearings if you choose to escalate your claim to arbitration and the representing attorney believes that your claim has sufficient legal and factual basis to support such a step.

While the Expanded Attorney Services will constitute a traditional legal relationship, some aspects of the relationship will differ from what you may expect. For instance, the attorney will interact with you primarily through your FairShake dashboard and over email, and will not be required to participate in any phone consultations.

LIMITED SCOPE REPRESENTATION:
The attorney who is providing the Expanded Attorney Services will commit to a limited scope engagement that will include:

• Receiving and managing all communications (including, without limitation, requests for information, objections to claims, and settlement offers) between the Counterparty and you, up until the time that you choose to escalate your claim by filing it with the American Arbitration Association;
• Receiving and transmitting to you communications concerning settlement offers after you escalate your claim by filing it with the American Arbitration Association;
• Communicating your response to any of the above communications back to your Counterparty; and
• Where your state’s legal practice regulations permit, giving you limited negotiation advice, including evaluations of the  of a settlement offer, that does not involve the application of any laws.

The Expanded Attorney Services will not include:

• Representing you in any arbitration-related interactions, including preparation of filings, communication involving the AAA or arbitrator, representation at hearings, or briefing of arguments in arbitration;
• Engaging in real-time phone or in-person conversations with the Counterparty or their representatives; or
• Giving you legal advice concerning your claim or litigation strategy.

Capitalized terms that we use but don’t define in these supplemental terms and conditions are defined in our standard terms and conditions. Where these supplemental terms and conditions conflict with FairShake’s standard terms and conditions, these supplemental terms and conditions will control.