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You can opt out of this issuer's forced arbitration
Pinnacle Bank - Synovus Bank Branch's agreement lets you reject arbitration and keep your right to sue — usually within a short window after opening the account. You have to send it in writing. Here's the language from the filed agreement:
“…ll send Billing Statements and any CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT other notices to you at the address shown in our files. You TO OPT-OUT OF ARBITRATION IN THE MANNER promise to inform us promptly in writing of any change DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE in your address or other contact information. Any written WILL BE RESOLVED BY BINDING ARBITRATION. notice from you to us regarding this Agreement or your ARBITRATION REPLACES THE RIGHT TO GO TO Account must be sent to us at First Progress Card, PO COURT, INCLUDING THE RIGHT TO HAVE A JURY Box 9053, Johnson City, TN 37615-9053 or call us toll TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY free at 1-866-706-5543, or to such other address as we BE PROVIDED FOR IN THE ARBITRATION RULES), may give you, and shall be effective only when received AND TO PARTICIPATE AS A REPRESENTATIVE OR by us at such address. In determining y…”
“…holders or other amounts or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. You may opt out of arbitration by following the procedure described in the full text of the arbitration clause in the Cardholder Agreement without affecting your application or status as a cardholder if a credit card is issued. RFCL_202408FLE_2 Page 2 USA PATRIOT Act. To help the government fight the funding of terrorism and money laundering activity, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an Account. What this means to you. When you open an Account we will ask you for your name, address, social security number, date of birth and other information that will allow us to identify you. State Specific Information California Residents: A married applicant may apply for a separ…”
“…ll send Billing Statements and any CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT other notices to you at the address shown in our files. You TO OPT-OUT OF ARBITRATION IN THE MANNER promise to inform us promptly in writing of any change DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE in your address or other contact information. Any written WILL BE RESOLVED BY BINDING ARBITRATION. notice from you to us regarding this Agreement or your ARBITRATION REPLACES THE RIGHT TO GO TO Account must be sent to us at First Progress Card, PO COURT, INCLUDING THE RIGHT TO HAVE A JURY Box 9053, Johnson City, TN 37615-9053or call us toll free TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY at 1-866-706-5543, or to such other address as we may BE PROVIDED FOR IN THE ARBITRATION RULES), give you, and shall be effective only when received by us AND TO PARTICIPATE AS A REPRESENTATIVE OR at such address. In determining yo…”
Detected in the CFPB-filed cardholder agreements from Pinnacle Bank - Synovus Bank Branch. 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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“…amount in controversy for all claimants exceeds $15,000 including interest and attorneys fees (any Claim ) will be settled on an individual basis by binding arbitration under the Federal Arbitration Act ( FAA ). Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding w…”
“…ly in writing of any change DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE in your address or other contact information. Any written WILL BE RESOLVED BY BINDING ARBITRATION. notice from you to us regarding this Agreement or your ARBITRATION REPLACES THE RIGHT TO GO TO Account must be sent to us at First Progress Card, PO…”
“…d issued by Synovus Bank of Columbus, Georgia, you agree that any disputes of any type with our representatives or us will be resolved exclusively by binding arbitration governed by the Federal Arbitration Act, 9 U.S.C. ?? 1 et seq., and the substantive law of the State of Georgia (without applying its choice-of-law r…”
You can't band together with other cardholders in a class action.
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“…s or arbitration agreement will apply. demands (whether past, present, or future, including events that occurred prior to the opening of this Account Waiver of Jury Trial and Class Action Waiver. Unless and whether or not a credit card is issued), based on you opt-out of arbitration, which you have the right any legal or equitab…”
“…ssible arbitration agreement will apply. meaning and includes, without limitation, all claims or demands (whether past, present, or future, including Waiver of Jury Trial and Class Action Waiver. Unless events that occurred prior to the opening of this Account you opt-out of arbitration, which you have the right and whether or n…”
You waive your right to have a dispute heard by a jury.
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“…s or arbitration agreement will apply. demands (whether past, present, or future, including events that occurred prior to the opening of this Account Waiver of Jury Trial and Class Action Waiver. Unless and whether or not a credit card is issued), based on you opt-out of arbitration, which you have the right any…”
“…ion Act, 9 U.S.C. ?? 1 et seq., and the substantive law of the State of Georgia (without applying its choice-of-law rules). This means you and we are waiving the right to jury trial, to discovery and other procedures available in court, and to be a class representative or participate in a class action lawsuit. You and we ag…”
“…ssible arbitration agreement will apply. meaning and includes, without limitation, all claims or demands (whether past, present, or future, including Waiver of Jury Trial and Class Action Waiver. Unless events that occurred prior to the opening of this Account you opt-out of arbitration, which you have the right…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…lection of your Account to the extent permitted by the state in which you live. Change of Terms Subject to the limitations of applicable law, we may, at any time, change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. We will provide written notice of such a change to you then in the manner requi…”
The contract lets you reject arbitration (usually within a short deadline) and keep your right to sue.
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“…ces. We will send Billing Statements and any CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT other notices to you at the address shown in our files. You TO OPT-OUT OF ARBITRATION IN THE MANNER promise to inform us promptly in writing of any change DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE in your address or other contact…”
“…other cardholders or other amounts or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. You may opt out of arbitration by following the procedure described in the full text of the arbitration clause in the Cardholder Agreement without affecting your application or…”