Re: Discover and arbitration
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Posted by J (198.204.133.208) on January 31, 2003 at 08:37:36:
In Reply to: Re: Discover and arbitration posted by LadynRed on January 22, 2003 at 16:22:07:
A couple of issues on this--it seems unlikely they would cancel the card if they say otherwise. Other card companies already give you the option of surrendering the charge. More likely I suspect they believe that most customers will not read the notice and in those cases that arbitration comes up they can argue "we gave you the chance." I would just send your refusal by regular first class mail and not waste the "certified mail" stuff. Just keep a copy and record where you mailed the letter from. While Certified RRR gives iron clad proof that you sent it, a court would still admit your testimony that you mailed it by other means. It is rather unlikely that you will end up in a dispute anyhow. As for the courts--the Supreme Court has in general upheld the right of companies to enforce these mandatory arbitration agreements as long as they are "fair. A lawyer friend of mine said that the provisions banning participation in class action suits may not meet this criteria as it is hard to argue that arbitration fairly replaces the court system in such cases.
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