Subscribers who receive multiple Alerts can file for an Independent Review if they feel that Alerts have been sent in error. Initial educational Alerts are not eligible for the Independent Review Process. If infringing activity on your account continues and you reach the mitigation stage (where your ISP is going to take corrective measures), you will be offered the opportunity to ask for a review.
If you believe you have received one or more of the Alerts in error – or the allegations about your account are otherwise inaccurate – you may request an Independent Review. The Independent Review Program is run by the American Arbitration Association (AAA), an organization that provides fair and neutral alternative dispute resolution. In order to file a request for Independent Review, you must do so from your ISP’s system. When you are presented with the review opportunity, your ISP will provide a link to the AAA’s system where you will be able to register and view those Alerts eligible for review. Please click here to see the grounds or accepted “reasons” for requesting an Independent Review.
NOTE: YOU HAVE ONLY FOURTEEN (14) CALENDAR DAYS AFTER RECEIVING A MITIGATION ALERT TO FILE A REQUEST FOR INDEPENDENT REVIEW.
Once you choose to have your Alerts reviewed, you will be asked to complete a series of steps, including paying a $35 fee (you may request a hardship waiver). Once a request for review is filed, any possible Mitigation Measures (i.e. an action that would temporarily affect your Internet experience) will be suspended pending the outcome.
If you are successful in your challenge, no Mitigation Measure will be applied, any applicable previous Alerts will no longer be associated with your account, and the $35 filing fee will be refunded. However, if you are not successful, the Mitigation Measure selected by your ISP will be applied.
- To have your ISP remove the Alerts from your account and decline to apply to any Mitigation Measure, you may be required to prevail in a challenge to more than one Alert. You will be informed of the number of Alerts that need to be invalidated to avoid mitigation when you begin your appeal.
- The $35 filing fee may be waived by AAA if you qualify for financial assistance.
- This is a non-exclusive procedure, and you still have the right to challenge any action in a court of law.
For more information on the Independent Review Program click here.