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You can opt out of this issuer's forced arbitration
deadline ≈ 45 days
Midfirst Bank's agreement lets you reject arbitration and keep your right to sue — usually within 45 days of opening the account. You have to send it in writing. Here's the language from the filed agreement:
“…WITH LIMITED EXCEPTIONS, THIS ARBITRATION PROVISION ALLOWS EITHER PARTY TO REQUIRE THAT ANY CLAIM (AS DEFINED ABOVE) BE RESOLVED BY BINDING ARBITRATION. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST PURCHASE, AS DESCRIBED BELOW. ARBITRATION REPLACES THE RIGHT TO GO TO COURT AND TO HAVE A CLAIM DETERMINED BY A JURY. OTHER RIGHTS YOU MAY HAVE IN COURT, SUCH AS DISCOVERY OR APPEAL RIGHTS, MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION. EXCEPT AS PROVIDED BELOW, THOSE OTHER RIGHTS ARE WAIVED. YOU WILL NOT BE ABLE TO DO THESE TWO THINGS (IN COURT OR IN ARBITRATION): (1) BRING A CLAIM AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM AS A CLASS MEMBER. Except as provided below: (1) You may unilaterally choose to have any Claim that We bring against You resolved through binding arbitration; and (2…”
Detected in the CFPB-filed cardholder agreements from Midfirst 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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“…by signing or otherwise submitting a credit application. ARBITRATION NOTICE: You understand that any Cardholder Agreement you receive will contain an arbitration provision that may substantially limit your rights in the event of a dispute, including your right to litigate in court or have a jury trial, discovery and app…”
“…nt. Please read the Agreement, the Disclosure, and Your other Account Documents carefully and retain for future reference. This Agreement contains an arbitration provision (including a class action arbitration waiver). It is also important that You read the entire Claims and Arbitration of Disputes section carefully. TH…”
You can't band together with other cardholders in a class action.
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“…that have otherwise participated in the marketing or servicing of Your Account. Any Claim or Claims brought by or on behalf of a class, brought in a representative capacity or otherwise on a class basis, or brought in the form of a private attorney general action are referred to as Class Proceedings regardless of whether…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…t to the requirements of applicable law. IMPORTANT NOTICE REGARDING CHANGES IN TERMS. Subject to applicable law, we reserve the right to unilaterally change the APRs, fees and other terms at any time, including after your account is closed. If we make changes, we will send you all notices required by law. You understand that the terms of your acco…”
“…WKH?,QVWDOO?It?3D\PHQW? 3ODQ?LV?FUHDWHG? IMPORTANT NOTICE REGARDING CHANGES IN TERMS. Subject to applicable law, we reserve the right to unilaterally change the APRs, fees and other terms at any time, including after your account is closed. If we make changes, we will send you all notices required by law.?<RX?XQGHUVWDQG?WKDW?WKH?WHUPV?RI?\RXU?DFFR…”
“…WKH?,QVWDOO?It?3D\PHQW? 3ODQ?LV?FUHDWHG? IMPORTANT NOTICE REGARDING CHANGES IN TERMS. Subject to applicable law, we reserve the right to unilaterally change the APRs, fees and other terms at any time, including after your account is closed. If we make changes, we will send you all notices required by law. <RX?XQGHUVWDQG?WKDW?WKH?WHUPV?RI?\RXU?DFFR…”
Slip up and your rate can jump to a much higher penalty APR.
Jumps to ~24.99%
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“…This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99%. This APR will vary with the market based on the Prime Rate. Penalty APR and Up to 24.99%, based on your creditworthiness. When It Applies This APR may be applied to your account if you: 1. Make a late payment; 2. Go over…”
“…7KLV?$35?ZLOO?YDU\?ZLWK?WKH?PDUNHW?EDVHG?RQ?WKH?3ULPH?5DWH? APR for Cash Advances 24.99%.?7KLV?$35?ZLOO?YDU\?ZLWK?WKH?PDUNHW?EDVHG?RQ?WKH?3ULPH?5DWH? Penalty APR and Up to 24.99%, EDVHG?RQ?\RXU?FUHGLWZRUWKLQHVV?? When It Applies 7KLV?$35?PD\?EH?DSSOLHG?WR?\RXU?DFFRXQW?LI?\RX?? ?? 0DNH?D?ODWH?SD\PHQW? ?? *R?RYH…”
“…7KLV?$35?ZLOO?YDU\?ZLWK?WKH?PDUNHW?EDVHG?RQ?WKH?3ULPH?5DWH? APR for Cash Advances 24.99%.?7KLV?$35?ZLOO?YDU\?ZLWK?WKH?PDUNHW?EDVHG?RQ?WKH?3ULPH?5DWH? Penalty APR and Up to 24.99%, based on your creditworthiness. When It Applies 7KLV?$35?PD\?EH?DSSOLHG?WR?\RXU?DFFRXQW?LI?\RX?? 0DNH?D?ODWH?SD\PHQW? *R?RYHU?\RXU?…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
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“…AREFULLY: WITH LIMITED EXCEPTIONS, THIS ARBITRATION PROVISION ALLOWS EITHER PARTY TO REQUIRE THAT ANY CLAIM (AS DEFINED ABOVE) BE RESOLVED BY BINDING ARBITRATION. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST PURCHASE, AS DESCRIBED BELOW. ARBITRATION REPLACES THE RIGHT T…”