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You can opt out of this issuer's forced arbitration
deadline ≈ 30 days
First Commonwealth 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:
“…have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration. You may reject the arbitration provision with respect to your new account within 30 days of account opening. Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individually upon request. The Ohio Civil Rights Commission administers compliance with this law. Freeze It: When you freeze your account, First Commonwealth will not authorize new purchases, cash advances or balance transfers. However, some activity will continue, including bills that merchants mark as recurring, as well as returns, credits, dispute adjustments, payments, other account fees, interests, rewards credited…”
“…d and certain other exempted transactions. Page 9 of 14 Revised 06/20/2023 ARBITRATION PROVISION Unless you have exercised or exercise your right to reject arbitration as described under Rules for rejecting this arbitration provision below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a pre…”
“…d and certain other exempted transactions. Page 9 of 14 Revised 10/10/2024 ARBITRATION PROVISION Unless you have exercised or exercise your right to reject arbitration as described under Rules for rejecting this arbitration provision below, the following Arbitration Provision will apply: This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA) and will be interpreted in the broadest way the law will allow. Covered claims You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a pre…”
Detected in the CFPB-filed cardholder agreements from First Commonwealth 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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“…e that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration. You may reject the arbitration provision with respect to your new account within 30 days of account opening. Ohio Residents: Ohio laws against discrimination require that all creditors make…”
“…, such as your annual percentage rates and certain fees. Any amendments to this Agreement also are part of this Agreement. This Agreement includes an arbitration provision, including a class action arbitration waiver. Please read all parts of this Agreement, including the arbitration provision, and keep it for your reco…”
You can't band together with other cardholders in a class action.
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“…ermitted by law. Arbitration: The arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration. You may reject the arbitration provision with respect to your new account within 30 days of account opening. Ohio Res…”
“…ual basis Claims brought against you, including Claims to collect a debt. Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may awar…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…ds Card Terms and Conditions online at fcbanking.com/creditcard to understand your rights and responsibilities under the Reward Bonus Program. We may amend the terms and conditions at any time without notice. Reward Bonus Program Amendment and Cancellation We have the right at any time to amend these terms or cancel the Reward Bonus program…”
“…t your other rights or responsibilities under this Agreement, including use of the Account. AGREEMENT & BENEFIT CHANGES Changes to this agreement. We may change this Agreement for any reason and at any time, subject to applicable law. This means that we can change rates and fees that apply to your Account. It also means we can add, replace or remove prov…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
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“…u will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration. You may reject the arbitration provision with respect to your new account within 30 days of account opening. Ohio Residents: Ohio laws against discrimination requir…”
“…ds credited and certain other exempted transactions. Page 9 of 14 Revised 06/20/2023 ARBITRATION PROVISION Unless you have exercised or exercise your right to reject arbitration as described under Rules for rejecting this arbitration provision below, the following Arbitration Provision will apply: This section provides tha…”
“…ds credited and certain other exempted transactions. Page 9 of 14 Revised 10/10/2024 ARBITRATION PROVISION Unless you have exercised or exercise your right to reject arbitration as described under Rules for rejecting this arbitration provision below, the following Arbitration Provision will apply: This section provides tha…”