MBNA / Bank of America Arbitration and Survivability

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Hello all. I opened an MBNA account in 2003.

MBNA had an arbitration clause with NAF. It also has a survivability clause within the arbitration section.

Bank of America subsequently bought MBNA. And then around 2009/2010, BoA removed the arbitration clause from its credit card agreements. I used the card after BoA removed the arbitration clause.

Am I still able to use the original MBNA agreement to elect arbitration, due to the survivability clause?  Attached is the 2004 agreement I was able to find from another poster here.



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No, you agreed to the new BofA terms when you used the card after they issued the new agreement. The agreement in force would be the last agreement issued before you defaulted.

Survivability clauses are activated only if a judge strikes down a portion of the contract as illegal so that the rest of the contract which is legal survives rather than the whole contract being nullified due to one portion being illegal. Creditors are able to change the agreement anytime they want (and for any reason) and the debtor has the right to agree or decline by using or not using the card.

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