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Contract X-Ray — what's buried in the fine print
4 red flags · 6 filed docs
Detected in the CFPB-filed cardholder agreements from Dsrm National Bank. Verbatim quotes below — CardSleuth flags the language; this isn't legal advice.
Forced arbitration with no opt-out found — you likely can't take this issuer to court, and there's no way to reject it.
Forced arbitration
You give up your right to sue in court — disputes are pushed into private arbitration.
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“…red borrowers may call toll-free 1-844-686-9681 to hear important disclosures required by law. If you are a covered borrower under this law, then the Binding Arbitration Provision of this Agreement does not apply to you. Use of Your Cards. You may use your Cards to make charges for fuel, merchandise, services, and oth…”
You can't band together with other cardholders in a class action.
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“…between you and us will be subject to individual arbitration. This means that 1) neither a court nor jury will resolve any such dispute; 2) you will not be able to participate in a class action or similar proceeding; 3) less information will be available; and 4) appeal rights will be limited. Definitions. In this Credit Card Agreement…”
You waive your right to have a dispute heard by a jury.
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“…OUNT). THE ARBITRATOR S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS AVAILABLE TO YOU IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL CLAIMS BEING ARBITRATED. You can obtain the JAMS Rules and forms by calling JAMS at (949) 224-1810, by visiting JAMS s website at www.j…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…ur Account, as a Purchase, the amount of any costs we incur in complying with state abandoned or unclaimed property laws with regard to your Account. Change of Terms. We may add, delete, or change the terms of this Agreement ("Change") at any time, including an increase in the Annual Percentage Rates or fees. We will give you notice of a Change as required by law. To the extent permitted by law…”