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You can opt out of this issuer's forced arbitration
deadline ≈ 30 days
Continental Bank's agreement lets you reject arbitration and keep your right to sue — usually within 30 days of opening the account. You have to send it in writing. Here's the language from the filed agreement:
“…ENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW OR UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF YOU ARE COVERED BY THE MILITARY LENDING ACT, THEN THE ARBITRATION SECTION DOES NOT APPLY TO YOU. This Credit Card Agreement, which includes the Supplement and the Fee Schedule, ( Agreement ) contains the terms and conditions which govern the use of your Inter Mastercard Credit Card and corresponding Credit Card Account ( Credit Card Account ), which has been issued to you by Continental Bank (the Bank , we, us and our ). Inter&Co Payments, Inc. ( Program Manager ) is the Bank s program partner responsible for managing the Credit Card Account and providing customer service on the Bank s behalf. We have agreed to lend you money as described in…”
“…Arbitration provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration provision in its entirety. k. Notice and Cure: Prior to initiating a lawsuit or arbitration regarding a Claim, the Claimant shall give the Defending Party written notice of the Claim (a Claim Notice ) and a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis. Any Claim Notice to you shall be sent in writing by mail to the address for you maintained in our records or by electronic mail to the email address for you maintained in our records. Any collection letter we send to this email or address shall be deemed to be a Claim Notice. Any Claim Notice to us shall be sent to us by email at hello@zolve.com or notify us through the Zolve Platform. Any Claim Notice you send mu…”
“…Arbitration provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration provision in its entirety. k. Notice and Cure: Prior to initiating a lawsuit or arbitration regarding a Claim, the Claimant shall give the Defending Party written notice of the Claim (a Claim Notice ) and a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis. Any Claim Notice to you shall be sent in writing by mail to the address for you maintained in our records or by electronic mail to the email address for you maintained in our records. Any collection 19 letter we send to this email or address shall be deemed to be a Claim Notice. Any Claim Notice to us shall be sent to us by email at hello@zolve.com or notify us through the Zolve Platform. Any Claim Notice you send…”
Detected in the CFPB-filed cardholder agreements from Continental 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.
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“…he Card, signing the Card or using the Card, you acknowledge and agree to the terms and the provisions contained in this Agreement, which includes an arbitration provision (provided, however, if you are covered by the Military Lending Act, the arbitration provision shall not apply). Please read and keep this Agreement f…”
“…9-476-0336 Covered Military Borrowers If you are a covered borrower, as defined under the Military Lending Act, 10 U.S.C. ?? 987, as amended, (i) the Arbitration Provision, herein (ii) any waiver of right to legal recourse under any state or federal law, and (iii) any other provision in this Agreement that is not enforc…”
“…-476-0336. Covered Military Borrowers If you are a covered borrower, as defined under the Military Lending Act, 10 U.S.C. ?? 987, as amended, (i) the Arbitration Provision, herein (ii) any waiver of right to legal recourse under any state or federal law, and (iii) any other provision in this Agreement that is not enforc…”
You can't band together with other cardholders in a class action.
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“…LDER AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW OR UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF…”
“…llo@zolve.com. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF YOU ARE COVERED BY THIS MILITARY LENDING ACT, THEN SECTION 23 DOES…”
“…and if this section pertains to you, please contact us at 877-620-0070. The Arbitration Agreement in this Agreement, which includes a jury trial and class action waiver, does not apply to Covered Borrowers under the Military Lending Act. Statement of Military Annual Percentage Rate (MAPR) Federal law provides importa…”
You waive your right to have a dispute heard by a jury.
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“…LDER AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW OR UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF YOU ARE COVERED…”
“…llo@zolve.com. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF YOU ARE COVERED BY THIS MILITARY LENDING ACT, THEN SECTION 23 DOES NOT APPLY TO YOU…”
“…overed Borrower and if this section pertains to you, please contact us at 877-620-0070. The Arbitration Agreement in this Agreement, which includes a jury trial and class action waiver, does not apply to Covered Borrowers under the Military Lending Act. Statement of Military Annual Percentage Rate (MAPR) Federal law provides impor…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…d others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Notice. 22. Change in Terms We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. We will provide notice only to the extent required by applicable federal law or the l…”
“…d others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Notice. 21. Change in Terms We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. We will provide notice only to the extent required by applicable federal law or the l…”
“…ce may act, including through the use of service providers, on our behalf by performing our obligations or enforcing our rights under this Agreement. CHANGES TO THIS We may change, add, or delete terms of this Agreement for any reason and at any time, subject to applicable law. This includes AGREEMENT changes, additions, or deletions relating to, without limitation, rates, fees, benefits, rewards,…”
Slip up and your rate can jump to a much higher penalty APR.
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“…ose of each on Purchases billing cycle. We will not charge interest on new purchases if you have paid your entire balance by the due date each month. Penalty APR and When It 36% Applies This APR may be applied to your account if you: 1. Make a late payment How long will the Penalty APR Apply? If your APR is in…”
“…ose of each on Purchases billing cycle. We will not charge interest on new purchases if you have paid your entire balance by the due date each month. Penalty APR and When It 36 % Applies This APR may be applied to your account if you: 1. Make a late payment How long will the Penalty APR Apply? If your APR is i…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
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“…HIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION, UNLESS YOU OPT-OUT AS DETAILED IN THE ARBITRATION SECTION BELOW OR UNLESS YOU ARE COVERED BY THE MILITARY LENDING ACT. IF YOU ARE COVERED BY THE MILITARY LENDING ACT, THEN THE ARBITRATION SECTION…”
“…mend this Arbitration provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration provision in its entirety. k. Notice and Cure: Prior to initiating a lawsuit or arbitration regarding a Claim, the Claimant shall give the Defendi…”
“…inal and binding, subject to any further right to appeal provided by the FAA. The arbitrator's award may be entered by any court having jurisdiction. RIGHT TO REJECT ARBITRATION: You may reject this Arbitration Agreement by mailing a special rejection notice to us at Rejection Notice Department, World Finance on behalf of…”