{"id":148,"date":"2026-04-22T14:54:47","date_gmt":"2026-04-22T21:54:47","guid":{"rendered":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/?p=148"},"modified":"2026-04-22T14:54:48","modified_gmt":"2026-04-22T21:54:48","slug":"thinking-about-a-rivian-read-the-fine-print","status":"publish","type":"post","link":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/thinking-about-a-rivian-read-the-fine-print\/","title":{"rendered":"Thinking about a Rivian? Read the fine print."},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">I own Rivian stock, but not much.  Rivian started as a Florida company.  The name is derived from where the company was first located.  Ind<strong>ian<\/strong> <strong>Riv<\/strong>er county, thus Rivian.  Rivian was run by engineers instead of PT Barnum.  I have driven the R1S and R1T.  I put myself on the Rivian mailing list for the R2.  I may still get an R2 next year when my Genesis lease is up. (unless they get mad at me for this post)<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">But&#8230;.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Read the fine print.  This is a website devoted to Tesla arbitration.  It started because I beat Tesla in an arbitration and recovered the full amount I paid for full self-driving.  Either alone or with my help, I hope others will do the same.  I would not have been able to easily convey my message if the language in Rivian&#8217;s Preorder Agreement is enforced.  The entire agreement is found <a href=\"https:\/\/rivian.com\/legal\/preorder\" target=\"_blank\" rel=\"noopener\" title=\"\">here<\/a>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Here&#8217;s what concerns me about the Rivian agreement.  It is buried in paragraph 16 of a lengthy agreement that is triggered by making a $100 reservation deposit.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><strong>Confidentiality.<\/strong> Arbitrations conducted under this Section shall be kept strictly confidential. <mark style=\"background-color:rgba(0, 0, 0, 0);color:#f90e06\" class=\"has-inline-color\">Neither you or Rivian may disclose the fact that an arbitration exists or is proceeding, the nature or content of the Dispute(s), all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, or the results of any arbitration award. <\/mark>This paragraph shall not prevent disclosure of the arbitration proceedings: (1) as may be required by law or court order; (2) as may be required to judicially challenge or enforce an arbitration award; (3) as may be required to assist your or Rivian\u2019s legal counsel, financial advisors, or accountants\u2014provided that such individuals are also bound by this Section; (4) as may be required to disclose to existing or future shareholders, existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; or (5) if you and Rivian provide prior written consent. Notwithstanding anything to the contrary, this paragraph shall not apply to claims where confidentiality clauses are made illegal under state or federal law. The arbitrator shall have jurisdiction to hear any disputes over a breach of this Section and shall have authority to fashion an appropriate remedy. <mark style=\"background-color:rgba(0, 0, 0, 0);color:#fa0101\" class=\"has-inline-color\">The arbitrator shall retain jurisdiction to enforce this Section after arbitration has ended.<\/mark> [I added the emphasis]<\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">Here&#8217;s what this agreement let&#8217;s Rivian do &#8211; just about anything.  What do they first want it to do? Keep people like me quiet.  It says that, if I file an arbitration, I can&#8217;t talk about it.  I can&#8217;t even talk about the existence of it, what it was about and what anyone testified to in the proceeding.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There are exceptions, of course, and some of them could be used to one&#8217;s advantage.  But this paragraph gives Rivian the option to go back to the arbitrator and seek punishment.  This is a bad thing.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Say, for instance, Rivian has a manufacturing defect.  Say, for instance, that Rivian chooses not to honor the warranty on the manufacturing defect. This. then forces the customer to arbitration.  There may be two people or there may be 2,000 people.  But this clause makes it hard for someone to find out.  <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There is also the Tesla-style 60-day pre-arbitration demand.  I wonder how many people have been successful with that process at Tesla.  It appears that Tesla&#8217;s procedures have changed since my demand was ignored in 2024.  Nevertheless, this builds in a 60-day delay without any real justification, or even a guarantee that Rivian will respond.  The owner just fires off an email and waits.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Rivian wants you to waive your testimony<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Read this excerpt &#8211; <\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\">If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Rivian submit to the arbitrator. If your claim exceeds $25,000, you and Rivian may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing. The arbitrator will have discretion to require a telephonic or face-to-face hearing for any claim upon the request of a party.<\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">This means that you&#8217;re forced to arbitration and are not even entitled to speak if your claim is too small, unless the arbitrator allows it.  Worse yet, it appears that you would not be given the opportunity to cross-examine any of Rivian&#8217;s witnesses.  Cross-examination is crucial in any dispute.  Allowing the other side&#8217;s witness to testify without the opportunity to test their credibility or substance is contrary to our American system of justice &#8211; the right to confront the testimony of your opposing party.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In my Tesla claim, for $10,000, I would have had to ask the arbitrator to present oral testimony.  At least part of the arbitrator&#8217;s decision was based on the incredibly poor testimony of the one witness called by Tesla.  If I did not have the chance to cross-examine this witness, I might not have won.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">The solution? &#8211; Opt out<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Rivian does have an opt-out procedure in the agreement.  Here it is &#8211;<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p class=\"wp-block-paragraph\"><strong>Opt-Out Right. <\/strong>You may opt-out of this Section 16, Dispute Resolution \u2013 Arbitration and Class Action Waiver within 30 days from the date you electronically sign this Agreement, by sending an email to optout@rivian.com from the email associated with your Rivian ID with \u201cOpt-Out of Arbitration\u201d in the subject line and, in the body of the email, your full name and address. Any opt-out of this provision does not affect the validity of any other arbitration agreement between you and Rivian. If you opt out of this provision and at the time you sign this Agreement you were bound by an existing agreement to arbitrate disputes with Rivian, that existing arbitration agreement will remain in full force and effect.<\/p>\n<\/blockquote>\n\n\n\n<p class=\"wp-block-paragraph\">Here&#8217;s how you opt out. You must do this within 30 days of signing the agreement.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Send an email to <a href=\"mailto:optout@rivian.com\" title=\"\">mailto:optout@rivian.com<\/a><\/li>\n\n\n\n<li>Make sure the email address is associated with your Rivian ID.  I have multiple addresses and aliases, so if you&#8217;re like me, make sure you choose the right one.  Or, better yet, send the email from all of them.<\/li>\n\n\n\n<li>The subject of the email must be &#8220;Opt-Out of Arbitration&#8221; &#8211; use this precise language.  You don&#8217;t want to get into a silly fight with Rivian over improper capitalization or a missing hyphen.<\/li>\n\n\n\n<li>The body of the email should contain your full name and address.<\/li>\n\n\n\n<li>Send it, if you can, with the ability to get a delivery receipt and read receipt.  Some of the email clients make this difficult.  Sometimes it&#8217;s best just to use the webmail interface.<\/li>\n\n\n\n<li>If you want to be really serious, use the free sending at <a href=\"http:\/\/www.rpost.com\" title=\"\">rpost.com<\/a>.  You get two or three free emails per month. Open an account and use it to send this email.  You will get detailed tracking.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">There is probably a lot more to this agreement.  Maybe I&#8217;ll let Gemini have a crack at it and post the results.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The alternative to this procedure is to wait until the vehicle is available and then buy one.  I&#8217;m sure this language is in the purchase agreement as well. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As a Rivian shareholder, albeit a miniscule one, I am disappointed that the company is taking such drastic measures to remove transparency from an already cloudy system.  Arbitration lawyers such as myself should be able to educate the public as to their rights and as to what is going on with a particular manufacturer.  Rivian is trying to hide behind nonstandard arbitration procedures.  Unfortunately, it makes me wonder if they are concerned that they did something that they don&#8217;t want exposed to daylight.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I own Rivian stock, but not much. Rivian started as a Florida company. The name is derived from where the company was first located. Indian River county, thus Rivian. Rivian was run by engineers instead of PT Barnum. I have driven the R1S and R1T. I put myself on the Rivian mailing list for the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-148","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/posts\/148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/comments?post=148"}],"version-history":[{"count":1,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/posts\/148\/revisions"}],"predecessor-version":[{"id":149,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/posts\/148\/revisions\/149"}],"wp:attachment":[{"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/media?parent=148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/categories?post=148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teslaarbitration.com\/home-page-Tesla-Arbitration\/wp-json\/wp\/v2\/tags?post=148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}