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Contract X-Ray — what's buried in the fine print
4 red flags · 7 filed docs
Detected in the CFPB-filed cardholder agreements from Union 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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“…rmined by the arbitrator to be unenforceable with respect arbitrable under this Agreement (including Claims for which the to any Claim, then (i) this Arbitration provision shall be null and Arbitration provision is deemed unenforceable or for which the void with respect to such particular Claims, (ii) all such Claims Cl…”
“…unt information, to let you know about other products and services. ARBITRATION NOTICE If you are issued a credit card, your Agreement will contain a binding arbitration provision. In the event of any dispute relating to your account, the dispute will be resolved by binding arbitration pursuant to the rules of the Ame…”
You can't band together with other cardholders in a class action.
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“…onal remedies. The parties shall bear REPRESENTATIVE OR MEMBER IN ANY CLASS OR OTHER the fees and expenses of the Referee equally, unless the Referee REPRESENTATIVE ACTION ( CLAIM LIMITATION ); EXCEPT orders otherwise. The Referee shall also determine all issues THAT THE FOREGOING CLAIM LIMITATION SHALL NOT relating to…”
“…te heard by a jury (except as to any collection activities on your account). You and we will be waiving any right to a jury tria l and you also would not have the right to participate as a part of a class of claimants relating to any dispute with us. Other rights available to you in court may also be unavailable in arbitration. When you receive your Ag…”
“…ute heard by a jury (except as to any collection activities on your account). You and we will be waiving any right to a jury trial and you also would not have the right to participate as a part of a class of claimants relating to any dispute with us. Other rights available to you in court may also be unavailable in arbitration. When you receive your Ag…”
You waive your right to have a dispute heard by a jury.
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“…r any form of a class or permitted by law, you and the Bank intentionally and deliberately other representative action. If this specific paragraph is waive the right to a trial by jury to resolve all Claims that are not determined by the arbitrator to be unenforceable with respect arbitrable under this Agreement (including Claims fo…”
“…to waive the right to go to court or to have the dispute heard by a jury (except as to any collection activities on your account). You and we will be waiving any right to a jury tria l and you also would not have the right to participate as a part of a class of claimants relating to any dispute with us. Other rights available…”
“…to waive the right to go to court or to have the dispute heard by a jury (except as to any collection activities on your account). You and we will be waiving any right to a jury trial and you also would not have the right to participate as a part of a class of claimants relating to any dispute with us. Other rights available…”
The issuer reserves the right to change your rates, fees and terms at any time.
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“…tly uses the 8. How account terms may change and certain rights that rate in effect on the transaction date. we have This section explains how we may change the rates, fees and 7. When we may close or require immediate payment of other terms of your account and this agreement at any time. We your account will give you notice of changes in terms as required by law. This This section describes what events can cause us to require section…”