Legal Question in Credit and Debt Law in California
I have a dispute with a credit card company and want to resolve it with private arbitration provided in the consumer agreement. The credit card company is now telling me they have removed the arbitration clause so I'm not eligible for this under the current agreement. The consumer agreement I have has a �Miscellaneous,Waiver,Severability,Survival� section at the end of the Cardholder agreement. This section states that the arbitration section of this agreement �shall survive suspension, termination, revocation, closure, or changes of this Agreement, your account, and your relationship with us. If any portion of this Agreement Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govern.�
Doesn't this mean they can't remove my arbitration agreement in future cardholder agreements?
1 Answer from Attorneys
ROFL. Many credit card companies have been forced by the authorities to drop arbitration clauses, because the arbitration process is so manifestly unfair to consumers. Most consumer attorneys, including me, would advise you to never sign a contract with an arbitration clause. If you have a winning case against a credit card company, get a lawyer, because if you win the contract usually provides that your attorney fees will be paid for.
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