Opt Out Of USAA's Arbitration Clause
USAA dropped a goose-egg in my mailbox today, a letter informing that there's a new arbitration agreement being added to my AMEX contract. Lovely, I just love being stripped of my rights to a trial with due process.
I'm disappointed that USAA, which is otherwise renown for their customer service and concern for their customer's well-being, would resort to this chicanery. Maybe AMEX is making them do it, I dunno. (update: A reader with a USAA Mastercard writes that he received an arbitration notice as well).
In any event, the notice also says that I have until October 15, 2007, to opt out of the arbitration agreement without penalty simply by signing and mailing in a form, an option I will most certainly be exercising.
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Read the amendment carefully. Perhaps call customer support. Although it is at your discretion to accept the change, sometimes it is mandatory that you do so if you would like to continue business with that entity. You "opt-out" and they cancel their relationship with you.
This is especially problemsome with USAA, because they have linked accounts. E.g. you may have your insurance through them. Although, I am not saying that if you drop your credit card, they are going to drop your insurance.
@AT203: Good point, I'm having trouble with my scanner, otherwise I would upload the notice, but the notice has specific language saying that it would not close your account or affect any of your other accounts, which is what I was getting at by saying there was no penalty.
Yeah, take the paper, envelope and a stamp and mail it in. I doubt any of us here will actually ever have to go to court and fight disputes through litigations, but none of us should be forced to relinquish our rights, especially if time and time again, the credit card companies have a clear preference for picking "fair and balanced" arbitors that'll do nothing except bend over backwards and then some for the card issuer.
Umm... I do not believe that the Constitution of the United States says one word about CIVIL contracts, except those affecting involuntary servitude. So, that's out.
I don't have an AMEX account, but if I did, I would look into the contractual agreement that I signed when intitating the account. Does that original agreement that AMEX customers signed have any wording about changes of contractual obligations on notice by AMEX?
It probably does, negating the hue and cry about big corporate financial rapists extorting the hard earned cash of the proletariat.
Simple: find another card, but this time read all of that extremely fine print that takes three pages of extremely fine print to explain what you are to be obligated when you sign the application form.
Do not read it after signing the application form, because you will have suicidal buyer's remorse. Just play dumb and complain to a blog like consumerist that fails to fact check.
@elforesto: Same. USAA Mastercard, and I've never seen anything of the sort. I was thinking of getting the AMEX, but I couldn't ever justify another card. I guess now is more reason I should put the idea on permanent hold.
I have a new-ish USAA Amex (never used) and got the arb opt-out today too. I also have a Mastercard with them but only got the one notice referencing the Amex.
given that I've been with USAA for... oh, decades, I guess, for a reason, that being excellent service, I can't imagine them pulling this kind of crap for any reason other than Amex is making them do it. so I'm sending it in tomorrow.
I have two Amex cards form Amex and never got anything like this before. not sure if I've inadvertantly agreed to arb on those or not, but there's no balance on them either so WTF.
@enm4r: Your thinking about getting their AMEX raises a question. Does this opt-out opportunity only apply to existing cardholders, or would the same opportunity be extended to people opening a new AMEX account?
Interesting -- I have a USAA Mastercard, and also have not received anything. I went to look on their website, and the page where you apply for a new Total Rewards Mastercard says "The Credit Card Agreement has an arbitration clause that may limit your rights, including your right to go to court, to have a jury trial or to participate in class actions." I have reviewed all of the docs I have from them (because I save account docs) and there is no arbitration clause, so maybe that's a new thing?
And, Quaoar -- actually, the Constitution does say that you are entitled to a jury trial for civil disputes over more than $20. By agreeing to arbitration, you are effectively waiving your Constitutional right to a jury trial.
Here's an interesting story about USAA's customer service for any servicemember unlucky enough to be stationed in South Korea:
[stripes.com]
i have not received anything from USAA like this. i have a Visa card with them, (along with other accounts)
oddly enough, i cancelled my regular AMEX a few months ago, tired of paying $50/year for a card that i had not used in almost a decade. Then started getting USAA AMEX letters, asking us to open up a new account.
As I can't get my mail very often, I've called USAA to see if I can do this over the phone. I'm still talking with them as a first-line and now second-level customer service person can't help me - they both have no idea what I'm talking about. I hope someone can put a copy of this online as I have an AMEX card and might not be able to get to the notice in time to opt-out unless they send me one to a different address. This is really weird for a company with which I haven't had a single bad experience in seven years.
Heads UP!...21 year member of USAA, have numerous products with them. Good credit, never late, make plenty, but dont pay off your credit card if you expect to use it. They are whacking everyone's credit limit to pennies right now. Decision from the top? USAA, used to be special, however they are becoming knuckleheads and mediocre like every other bank. What a shame. Insurance, financial products, car loans and banking. I'm outta there.









i'll have to check my mail when I get home, then. I don't have an AMEX through them (didn't know they offered one, honestly), but I do have a mastercard that I use occasionally. Any idea if this is across the board or only on amex?