4 ms·
> They use these non-arbitration clauses, and they are always right. What do the clauses look like? What does it mean that they are "always right"? What is the
by jbapple 11y ago
> They use these non-arbitration clauses, and they are always right.
What do the clauses look like? What does it mean that they are "always right"? What is the consequence of this rightness?
- chris11 11y agoI don't have any personal experience with MBNA, but I assume it means the agreement you sign forces you to use binding arbitration in place of suing MBNA. And being always right just means that basically MBNA will always in in arbitration. So you are stuck in a contract with a company you can't sue or win against if they break the contract.
- dclowd9901 11y agoThat can't possibly be a legal contract. There are laws protecting people from fraud. Are you saying that the card company could perform neglectful or fraudulent behavior but not expose itself to suit? That would be laughed out of a traffic court.
- vgeek 11y agoGross negligence or fraud cannot be disclaimed?
- chris11 11y agoIt's legal. The thing is by signing the agreement you are waiving a lot of your rights to sue and replacing them with binding arbitration. http://www.motherjones.com/politics/2007/11/suckers-wanted-how-car-dealers-and-other-businesses-are-taking-away-your-right-sue http://www.motherjones.com/politics/2007/11/suckers-wanted-h...
- 2arrs2ells 11y agoBinding arbitration does not mean MBNA will always win. It does mean class-action lawsuits against MBNA are impossible. NYTimes is doing some great reporting on the topic - start here: http://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0 http://www.nytimes.com/2015/11/01/business/dealbook/arbitrat...
- jbapple 11y ago> I assume it means the agreement you sign forces you to use binding arbitration in place of suing MBNA I've heard that called a "arbitration clause", but never a "non-arbitration clause", as the person I was responding to put it.
- chris11 11y agoAh, I misread that as "arbitration clause".