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You can opt out of this issuer's forced arbitration
deadline ≈ 60 days
Merrick Bank's agreement lets you reject arbitration and keep your right to sue — usually within 60 days of opening the account. You have to send it in writing. Here's the language from the filed agreement:
“…ith, any (the Arbitration Rules ). If the AAA purchasing, marketing, soliciting, ask for and that are acceptable to us Agreement carefully. You may reject is unable or unwilling to serve, and in our sole discretion. this Arbitration Agreement by notifying servicing, debt collecting, or credit we cannot agree on a replacement, a You agree that we may, in our us in writing within 60 days using reporting activity relating to your court with jurisdiction shall select the sole discretion, monitor or record the procedure set forth at the end of Account. Moreover, it includes initial arbitrator. Any arbitration proceeding telephone calls with you, regardless of this section. If a dispute arises that is claims, counterclaims, cross-claims, will take place at a location within the who initiates the call. We may at our covered by this Arbitration Agreement, third-party claims and federal, state, f…”
Detected in the CFPB-filed cardholder agreements from Merrick 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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“…ion basis instead of Binding between you and us. Contacts with Borrowers under the Military any merchants with whom you use Lending Act. Arbitration. Binding Arbitration the Account, any credit reporting you about your Account are not means an arbitration proceeding unsolicited and might result from This section is an…”
“…or INQUIRIES OR QUESTIONS You may address any inquiries or questions which you have about your Agreement). Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement shall be resolved exclusively by arbitration except advance any fees or costs to the arbitration Administrato…”
You can't band together with other cardholders in a class action.
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“Merrick Bank Visa?? or MasterCard?? Cardholder Agreement THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE THE G-18233 AGREEMENT TO ARBITRATE DISPUTES AND CLASS ACTION WAIVER SECTION BELOW FOR ADDITIONAL DETAILS. 06/2023 1. Welcome to Merrick B…”
“…NY 11804, or you may call us at 1-833-845-2200. If you contact us by telephone instead of that any challenge to the enforceability or validity of the class action waiver above shall be decided only by a court. Solely as used in this Arbitration Provision, This arbitration agreement applies to all Claims now in existen…”
You waive your right to have a dispute heard by a jury.
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“…ed by federal law and OR YOUR ACCOUNT. or expenses that we are required to court. In no event will a Claim for the internal laws of the State of Utah JURY TRIAL WAIVER: IF YOU pay by law or the Arbitration Rules or public injunctive relief be arbitrated. without regard to rules concerning OR WE ELECT TO ARBITRATE…”
“…essors, assigns and any other third party including use of (or advancement of any claims, defenses or offsets in) bankruptcy you owe. ARBITRATION AND WAIVER OF JURY TRIAL YOUR CREDIT CARD AGREEMENT WITH US about the Account and its users as the Account holders. Notice to you any person that provides services of a…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
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“…nnection with, any (the Arbitration Rules ). If the AAA purchasing, marketing, soliciting, ask for and that are acceptable to us Agreement carefully. You may reject is unable or unwilling to serve, and in our sole discretion. this Arbitration Agreement by notifying servicing, debt collecting, or credit we cannot…”