At RSL FUNDING, LLC (“RSL Funding”), we understand and share your concerns about the privacy of information you provide us. This notice was created to help you understand what information we collect and how we may disclose it. RSL Funding applies the same policies to prospective and former customers that it applies to current customers. When you apply to RSL Funding for any type of financial service, including a cash payout, you disclose certain information to us. It is a general and overriding policy of RSL Funding to maintain strict confidentiality with regard to all information obtained in the course of our business.
It is RSL Funding’s policy to collect only information we believe is necessary or appropriate to expedite the transfer of your structured settlement payment(s), lottery payments or other annuity payments so that we can fund your transaction as quickly as possible. This includes any information that is necessary or relevant to our business. We use only legitimate means to collect information and only disclose information to third parties for legitimate business purposes, as allowed by law, and as needed to carry out the transaction. We limit access to your personal information only to those who need to know such as our staff and our attorneys. In many cases, a court must approve the transfer of payment rights. In such a case, RSL Funding, LLC will need to make disclosures to the courts.
There are generally three categories of information collected:
- Information provided by you on applications, forms, and in attachments thereto;
- Information available as a matter of public record such as prior court transfer activity;
- Information you authorize us to collect such as background and credit checks
INFORMATION DISCLOSED OR SHARED
We review the information collected about you when evaluating a transaction. We will also maintain this information in our contract records and may use it for purposes related to buying or lending against settlement payments and collecting pledged or assigned payments.
Your information will only be shared with or disclosed to third parties, such as our attorneys which we work with as part of the application process, as is necessary to complete the transaction and any related financing, or as otherwise disclosed at the time of information collection. By way of example, RSL Funding may share or disclose your information to third parties, as allowed by law, for the following reasons:
- Disclosure of information is necessary to expedite, effect, process, administer, finance, or collect your transfer;
- Disclosure of information is requested by law enforcement, a court of competent jurisdiction, or a governmental entity as part of any investigation; or
- Disclosure of information to businesses we use to develop internal security and privacy practices with regard to both our physical facilities and our client database
We will not disclose your information to third parties for marketing purposes without your prior consent. Your non-public personal information is protected by law and the procedures described in this notice. Access to your non-public personal information is restricted to those affiliates, employees and/or third parties who need to know that information in order to issue and service your contract. All information collected is kept in a secured facility protected by security officers, fingerprint recognition door access, security camera monitored premises and other safeguards. Back-up data is maintained in off premises locations remote from our main office.
INFORMATION COLLECTED THROUGH THE WEBSITE
The personally-identifiable information gathered through this website includes the information that a website visitor chooses to provide by filling out an online application, an information request form, or participating in a website chat. It also may include additional website information such as the referring website, the landing page on rslfunding.com, the form submission or chat webpage, the IP address, the website browser, operating system, & device type, visited webpages, and visit/chat duration. We also collect anonymized data about our website visitors which are used in the aggregate in connection with improving the website.
CHOICE OF LAW; ARBITRATION; WAIVER OF JURY TRIAL
Any and all disputes, controversies or claims arising out of or relating to or touching upon this Agreement, the relationship among the signatories hereto or affiliated parties related to them (including successors in interest) (as further discussed below) concerning claims, controversies or disputes, arising out of or related to this Agreement or the transactions contemplated thereby, including but not limited to (i) those sounding in contract, constitutional, statutory, or common law theories as to the performance of any obligations, the satisfaction of any rights, and/or the enforceability hereof, or (ii) claims that either party has breached an agreement, shall be resolved through demand by any party to arbitrate the dispute (to the maximum extent possible under applicable law) in and under the substantive laws of the State of Texas (or the laws in the Assignor’s state of domicile if such is mandated by statute but not otherwise) for binding, final, and non-appealable resolution before a single, recognized and neutral arbitrator in a single proceeding by filing directly with (x) Conflict Resolution Solutions, PLLC of Houston, Texas or with another recognized, neutral arbitral organization; or (y) a recognized, neutral arbitrator for a final hearing to be held in person in Houston, TX (or in the Assignor’s state of domicile if such is required by statute and to the maximum extent allowed by law). All claims, controversies and disputes shall be resolved in a single arbitration proceeding as provided for herein, with all actions consolidated into the first filed proceeding to be effected by each arbitrator. The arbitration in all cases shall be pursuant to the American Arbitration Association’s (AAA) single arbitrator, expedited rules and with each conference and hearing occurring in person (and not electronically or virtually) in Houston, Texas, such being the venue and jurisdiction for all disputes. In no event may the AAA administer the proceeding nor appoint the arbitrator. Any party may submit a dispute to arbitration by filing a demand for arbitration with any of the aforementioned (other than the AAA), including an arbitral organization itself or directly with a recognized, neutral arbitrator, for final and non-appealable resolution by an arbitrator who shall be a full time lawyer with relevant commercial litigation experience. The arbitrator shall resolve the dispute as the single arbitrator; and under no circumstances shall any claims, controversies or disputes be heard by multiple arbitrators or in multiple proceedings. If the arbitrator which is hearing the dispute does not complete or does not intend to complete the arbitration to finality with the issuance of a final award within four (4) months of the written demand being sent by the party first demanding arbitration, either party then may file within thirty days of the expiration of the four (4) month period, a new written demand for arbitration with an arbitrator or the arbitral organization for the appointment of another arbitrator (and not the same arbitrator), under the same terms as set forth above, subject to a final award being rendered by the replacement arbitrator within four (4) months of the new written demand. All four (4) month periods referenced herein mean just that, being four months, regardless of any stay, tolling, abatement or extension, unless agreed to in writing by the parties. The replacement arbitrator shall not be the original arbitrator, but the dispute may be submitted to the same arbitral organization for assignment to a different arbitrator. The parties agree that the dispute resolution process set forth above concerning the first arbitration demand shall apply to every subsequent arbitration, if any.
This arbitration shall bind and benefit all transferees and assignees of structured settlement payment rights or payment rights from another financial instrument (e.g., lottery winnings and annuities), all of which shall have the right to initiate, join or intervene in a proceeding of or related to the subject matter of this Agreement.
Arbitration in all cases shall be conducted pursuant to the Commercial Arbitration Rules (and not the rules for Large, Complex Commercial Cases) of the AAA whose Expedited Procedures (where not in conflict with the provisions hereof, with the provisions of this Agreement modifying all the AAA rules to the contrary) which shall apply regardless of the size of the dispute or the number of parties involved, with only a single arbitrator hearing the dispute, claims and controversies of the parties and with the arbitration being completed through the issuance of a final award within four (4) months of a demand being filed (and not within any lesser time as the Expedited Procedures may provide). There shall be no list or panel from which a selection of arbitrators by the parties shall be made in deference and in favor of the appointment procedures contained herein. No attempt to alter this four (4) month provision, by way of, for example, a tolling, stay or suspension shall be effective to affect or delay the expiration of this four (4) months, which the parties agree satisfies all due process related issues. All parties acknowledge and agree that this arbitration agreement modifies the AAA arbitration rules regarding, inter alia, the selection of the arbitrator and the administration of the arbitration in that: (i) any party may directly appoint the single arbitrator or the arbitral association who/which shall proceed to resolve the dispute, provided that in all cases herein the arbitrator is “recognized” and “neutral”; (ii) the AAA is not required to administer and shall not administer the arbitration; (iii) a recognized and neutral arbitrator or arbitral association may administer the arbitration (but is not required to do so); and (iv) the arbitration proceeding needs to be completed with the award issued within four (4) months of the demand’s filing. In all cases, (x) injunctive or equitable relief shall be exclusively submitted to the arbitrator and (y) the parties waive the right to trial by jury in any action or proceeding related hereto.
This arbitration provision shall be effective notwithstanding any actions that may take place after the execution of this Agreement. The parties hereto agree that the issue of arbitrability shall likewise be decided by the arbitrator, and not by any other person or judicial forum. That is, the question of whether a dispute itself is subject to arbitration shall be decided solely by the arbitrator and not, for example by any court. In so doing, the intent of the parties is to divest any and all courts of jurisdiction in disputes involving the parties, except for (i) the confirmation of the award and enforcement thereof (including the court’s assistance with any interim relief either ordered by the arbitrator or to effectuate the orderly conduct of the arbitration); (ii) where needed, an order compelling arbitration; and (iii) the limited jurisdictional issues, if needed, to ensure that the arbitrator shall be recognized and neutral. Provided, however, no such court order may limit the powers of the arbitrator except to effect that the disputes, controversies and claims shall be resolved in a single proceeding as provided for herein. Any required cost or fee deposits to the arbitrator or arbitration organization shall be made equally by each side, all subject to allocation as ultimately determined by the arbitrator. Courts shall have no jurisdiction over legal or equitable (including injunctive) matters concerning the subject matter of the arbitration, except as expressly provided herein. The references above as to the AAA shall apply only as to the use of its published rules in the current form as of the date of filing the demand, provided, however, neither the Supplementary Rules for Class Actions or any related rule allowing for class or collective actions shall not be deemed part of the AAA Rules and they shall not be used in any arbitration initiated by any party. Other than for the application of its rules as provided for herein, the AAA may not administer or otherwise participate in this arbitration proceeding. Time is of the essence in regard to all deadlines herein, which are also jurisdictional in nature.
In the event of a dispute as to the finder of fact, the trier of law or the arbitral forum or arbitrator, the prevailing party shall have the right to receive from the non-prevailing party (i) its reasonable costs (exclusive of the arbitrator’s costs which shall be determined in accordance with the preceding); and (ii) attorneys’ fees incurred in enforcing the jurisdiction of the arbitrator. Any person challenging the enforceability or applicability of this dispute resolution provision shall indemnify, defend and hold harmless any person seeking enforcement thereof.
For purposes of this Agreement, a “recognized’ arbitrator is one who is generally recognized by the legal community as active in the arbitration of disputes and who maintains a practice or business devoted to such and who has the requisite skills as set forth herein to decide the claims, controversies and disputes according to applicable law. For purposes of this Agreement, a “neutral’ arbitrator is one that a reasonable person would objectively conclude lacks bias in regards to the parties, lawyers and the subject matter of the dispute.
THE PARTIES ACKNOWLEDGE THAT BY EXECUTING THIS AGREEMENT, THEY WAIVE VALUABLE LEGAL RIGHTS TO PURSUE DISPUTES BETWEEN THE PARTIES, INCLUDING THE RIGHT TO TRIAL IN A COURT OF LAW AND THE RIGHT TO TRAIL BY JURY. FURTHER EACH PARTY WAIVES ANY RIGHT TO PURSUE DISPUTES IN A COLLECTIVE ACTION OR IN A CLASS ACTION (REGARDLESS OF WHETHER THAT CLASS OR COLLECTIVE ACTION IS BROUGHT IN COURT OR IN ARBITRATION).
RSL Funding, LLC
1980 Post Oak Blvd. Suite 1975
Houston, Texas 77056