Paste it anywhere on your site. The badge links back to this page — a real, crawlable link, not an image.
You can opt out of this issuer's forced arbitration
Capital Bank's agreement lets you reject arbitration and keep your right to sue — usually within a short window after opening the account. You have to send it in writing. Here's the language from the filed agreement:
“…on may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1 046 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO ARBITRATION. This Agreement governs the secured credit card account ( Account ) and related credit card ( Card ) provided by Capital Bank, a nationally chartered, FDIC-insured Bank headquartered in Rockville, MD (the Bank ). In this Agreement, the words we, us, and our mean the Bank, its successors and assigns, and, for purposes of the Arbitration Provision (Section 19) the other persons identified in the Arbitration Provision. The words you, your , yours and Cardholder mean everyone responsible for th…”
“…on may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO ARBITRATION. This Agreement governs the secured credit card account ( Account ) and related credit card ( Card ) provided by Capital Bank, a nationally chartered, FDIC-insured Bank headquartered in Rockville, MD (the Bank ). In this Agreement, the words we, us, and our mean the Bank, its successors and assigns, and, for purposes of the Arbitration Provision (Section 19) the other persons identified in the Arbitration Provision. The words you, your , yours and Cardholder mean everyone responsible for th…”
“…n may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047a Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO ARBITRATION. This Agreement governs the secured credit card account ( Account ) and related credit card ( Card ) provided by Capital Bank, a nationally chartered, FDIC-insured Bank headquartered in Rockville, MD (the Bank ). In this Agreement, the words we, us, and our mean the Bank, its successors and assigns, and, for purposes of the Arbitration Provision (Section 19) the other persons identified in the Arbitration Provision. The words you, your , yours and Cardholder mean everyone responsible for th…”
Detected in the CFPB-filed cardholder agreements from Capital Bank. Verbatim quotes below — CardSleuth flags the language; this isn't legal advice.
Forced arbitration
You give up your right to sue in court — disputes are pushed into private arbitration.
Show the exact wording ↓Hide wording ↑
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1 046 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE…”
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE…”
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047a Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE…”
You can't band together with other cardholders in a class action.
Show the exact wording ↓Hide wording ↑
“…U ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN ANY CLASS PROCEEDING SUBJECT TO ARBITRATION. This Agreement governs the secured credit card account ( Account ) and related credit card ( Card ) provided by Ca…”
You waive your right to have a dispute heard by a jury.
Show the exact wording ↓Hide wording ↑
“…at is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. 18. Waiver of Right to Trial by Jury. YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
Show the exact wording ↓Hide wording ↑
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1 046 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR…”
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047 Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR…”
“…information may have changed after that date. OpenSky Secured Visa Credit Card Agreement SKY1-047a Page 1 May 2020 SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE. FOR EXAMPLE, YOU WILL NOT BE ABLE TO BRING OR…”