pmccravitz Posted February 22, 2012 Report Share Posted February 22, 2012 Greetings:I'm being sued by Portfolio Recovery on behalf of GE Money Bank for a Lowes credit card. I'm looking for the cardholder agreement from 2009 so that I can reference specific parts of that agreement (arb). Does anyone know where I can find the agreement? Link to comment Share on other sites More sharing options...
racecar Posted February 22, 2012 Report Share Posted February 22, 2012 (edited) https://www.gecrbterms.com/gecrbterms/pdf/LowesCreditCard.pdf23. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBEDBELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUALARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TOPARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BELIMITED. This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholderand/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or Lowe’s, on the other hand, if the dispute or claim arises from or relates to your Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing, we may require you to arbitrate.YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT ORARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONALCARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDERMAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINEDIN A SINGLE ARBITRATION. Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph isnot fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’s determination concerning the enforceability of this paragraph shall be subject to appeal.Starting an Arbitration. If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after thebeginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The party seekingarbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA norJAMS is able or willing to handle the dispute, then the parties will resolve their dispute in court. The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legalexperience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may usedifferent procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control. Edited February 23, 2012 by racecar Link to comment Share on other sites More sharing options...
legaleagle Posted February 22, 2012 Report Share Posted February 22, 2012 When you get this, please post the choice of law provision. A lot of posters are looking for this. Link to comment Share on other sites More sharing options...
racecar Posted February 23, 2012 Report Share Posted February 23, 2012 Governing Law. This Provision is governed by the Federal Arbitration Act (the “FAA”). Utah law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter had been brought in court; (2) this Provision; and (3) the administrator’s rules. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. Link to comment Share on other sites More sharing options...
pmccravitz Posted February 23, 2012 Author Report Share Posted February 23, 2012 Thank you fro this. I'm wondering if the JDB lawyers will object to the compelling for arbitration given that the debt that they claim is due is from 2009 and I'm using a cardholder agreement from 2011. Do you think this would be a problem? Link to comment Share on other sites More sharing options...
legaleagle Posted February 23, 2012 Report Share Posted February 23, 2012 Probably not, if they have a gripe make them produce the 2009 agreement and see what it says. Probably the same thing. Link to comment Share on other sites More sharing options...
Recommended Posts