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Citi’s Credit Card Agreement Contains Another Nasty Ploy

In October, we told you about an unexpected move by Citi to let credit card customers opt-out of the mandatory arbitration clause in their credit card agreements. The catch: they required you to write an old-fashioned letter to them to do so. (See story.)

We heard from a reader, Daniel D., who says that is not the only dirty trick that Citi employs with respect to its arbitration clause. He said his bank account contract had a very similarly worded provision to this one in the new Citi credit card agreements:

*MOUSE PRINT:

Citi arbitration clause

What does this sound like to you? It sounds pretty positive as an additional way to avoid arbitration. It certainly gives the impression that the customer was free to go to small claims court system instead of being forced into arbitration.

And that is exactly what our reader did. He had a dispute with Citi over some late fees imposed despite his having overdraft protection. There was about $350 in dispute.

To his amazement, once he filed in small claims court, Citi requested the case be moved to a higher court. That action caused the case to no longer “stay in small claims court” and thus Citi could force him into arbitration.

What?

Anyone reading the small claims court provision would come away with the understanding that it was the plaintiff’s decision to keep a case in small claims court and definitely not Citi’s. Implied in every contract is a covenant of good faith, and it certainly seems to be a breach of that good faith for Citi to force this consumer into arbitration by a bit of legal trickery.

Daniel’s problem with Citi began in 2010 and appeared to end when he won the arbitration this past August. There were just two problems: (1) Daniel was not awarded anywhere near the $100,000 he said this whole fiasco cost him, and (2) Citi is appealing.

For more details of Daniel’s misadventures in Citiland, see this CBS MoneyWatch story, and his own account.

We look forward to hearing your thoughts below.

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Citi Enlarges the Fine Print, But a Clever Ploy Lurks Within

We all periodically receive a “card agreement” from credit card issuers. It is usually a small, sixteen panel, accordion-pleated booklet full of fine print about how finance charges are calculated, how fees and payments will be applied, etc.

Citi card agreement

Citi, however, has seen the light. They just sent out a new and improved version on 8-1/2 by 11 paper, divided into numbered sections, printed using a decent size font, and written in relatively plain English.

new agreement

The new document is 15 pages long, however, which probably won’t encourage too many people to sit down and read it.

One big change in terms is Citi’s mandatory arbitration provision. They have heard regulators and advocates complain about these legal provisions that prohibit cardholders from going to court or participating in a class action lawsuit against the card issuer. Citi is giving their customers a one-time chance to opt-out of arbitration.

(Larger than usual) *MOUSE PRINT:

arbitration provision

You only have until December 22 to notify Citi that you want out of arbitration. But lest we think that Citi has completely become pro-consumer, they required you sent them a physical letter with your request to opt-out. You cannot call (we tried) and you cannot email. You have to write a real letter (remember them) and put a stamp on the envelope.

Citi has certainly taken an approach to assure that the fewest possible cardholders will take advantage of this one-time offer. At least they didn’t require the request to be notarized and sent via certified mail.

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Early Withdrawal Penalties Reach New High (or Low)

Dave S. recently wrote to Mouse Print* about an eye-opening notice he received from Wings Financial Credit Union when his certificate of deposit matured. It announced a change in their early withdrawal penalties.

*MOUSE PRINT:

Wings

Unbelievably, the credit union will now charge two-years-worth of interest on any CD over a year if you withdraw money early. In other words, if you opened one of their 26-month CDs with $25,000 paying 1.00% interest, and decide three months after opening the account that you need the money for another purpose, they will confiscate the interest you’ve already earned and put it toward a total charge of $500 in penalties! You will actually lose principal.

Mouse Print* contacted Wings Financial to question the severity of their new penalties. A customer service representative replied:

…we have had many members express the same frustration. We are awaiting Board approval to reduce the penalty…

This credit union is not alone in jacking up early withdrawal penalties. Gone are the days of the simple three months loss of interest for early withdrawals. Even MrConsumer’s own credit union is clamping down.

*MOUSE PRINT:

USAlliance terms

Here, the penalty is only a year of interest. How generous of them.

We’ve always thought of credit unions as being very member-driven, and offering better rates and terms than the big banks. That apparently is not always the case.