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You can opt out of this issuer's forced arbitration
Capital Bank, National Association'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:
“…CTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 203 Page 1 November 2023 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person responsible for the Account Statement: a record of all completed transactions Account, who accepted this Agreement. that occurred on your Account during one Billing Cycle Credit Limit: the maximum amount of funds you are able to Annual Percentage Rate (APR): the yearly interest rate we borrow when using your Card/Account to make a Purchase. We will charge on a…”
“…CTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 204 Page 1 March 2024 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person responsible for the Account Statement: a record of all completed transactions Account, who accepted this Agreement. that occurred on your Account during one Billing Cycle Credit Limit: the maximum amount of funds you are able to Annual Percentage Rate (APR): the yearly interest rate we borrow when using your Card/Account to make a Purchase. We will charge on any…”
“…CTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 207 Page 1 December 2024 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person responsible for the Account Statement: a record of all completed transactions Account, who accepted this Agreement. that occurred on your Account during one Billing Cycle Credit Limit: the maximum amount of funds you are able to Annual Percentage Rate (APR): the yearly interest rate we borrow when using your Card/Account to make a Purchase. We will charge on a…”
Detected in the CFPB-filed cardholder agreements from Capital Bank, National Association. 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.
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“…this information and a description of your payment obligation verbally, please call us toll free at 855-763-6736. SECTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Go…”
“…this information and a description of your payment obligation verbally, please call us toll free at 855-763-6736. SECTION 16 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A ` opensky Visa…”
“…information may have changed after that date. OpenSky Visa Gold Credit Card Agreement SKY2 201 Page 1 October 2021 SECTION 18 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.
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“…nSky Visa Gold Credit Card Agreement SKY2 203 Page 1 November 2023 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person re…”
“…OpenSky Visa Gold Credit Card Agreement SKY2 204 Page 1 March 2024 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person re…”
“…nSky Visa Gold Credit Card Agreement SKY2 207 Page 1 December 2024 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. Card Agreement Definitions Account: your OpenSky Gold credit card account Cardholder ( You , Your ): the person re…”
You waive your right to have a dispute heard by a jury.
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“…at is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. 15. 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…”
“…at is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. 17. 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…”
“…at is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. 16. 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.
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“…3-6736. SECTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 203 Page 1 November 2023 SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF…”
“…3-6736. SECTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 204 Page 1 March 2024 SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A D…”
“…3-6736. SECTION 17 OF THIS AGREEMENT IS AN ARBITRATION PROVISION. UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT OR ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, IT WILL HAVE A OpenSky Visa Gold Credit Card Agreement SKY2 207 Page 1 December 2024 SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF…”