USING ARBITRATION CLAUSE

[THELEGEND]

Guys on my synchrony arb clause it says arbitration is mandatory but has 2 exceptions. Small claims and says if "WE" file a collection suit on debt. Does "WE" mean original creditor? I want to make for sure i have all grounds covered.

[Clydesmom]

11 minutes ago, THELEGEND said:

Does "WE" mean original creditor?

It does.  BUT, if they sell the debt the purchaser gets all of Synchrony's rights and responsibilities which means that clause protects them as well.  So a JDB suing you would be able to defeat a MTC arbitration by stating the arbitration clause states it does not apply to small claims or debt collection suits.

[THELEGEND]

42 minutes ago, Clydesmom said:

It does.  BUT, if they sell the debt the purchaser gets all of Synchrony's rights and responsibilities which means that clause protects them as well.  So a JDB suing you would be able to defeat a MTC arbitration by stating the arbitration clause states it does not apply to small claims or debt collection suits.

so im doing this for nothing? That figures..here is the actual arb agreement.Do i have chance or not.

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or PayPal, Inc., if it relates to your account, except as noted below. 2. 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) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which

[Clydesmom]

2 hours ago, THELEGEND said:

so im doing this for nothing?

Possibly.  

2 hours ago, THELEGEND said:

Do i have chance or not.

You always have a chance.  What the odds are no one can predict.  We tell everyone who files a MTC to be prepared with a back up plan should the court deny it.  

[AlawsoabA1221]

Post this in is there a lawyer in the house. This Synchrony arb clause has def been awarded MTC. The goal is to, if you receive a complaint, file your response to include affirmative defense & epecting to arbitrate (bc claims are subject to arb. The lawsuit portion language states if they file a suit, & u respond without saying they have wrongdoing, or request MTC & its granted....).  Then u file a MTC w Stay of Proceedings. Request arb, w JAM then they likely dismiss case & dont pay for arb. Tons of us are doing this now. Idk how to post links to threads, but reas up on it. 

[THELEGEND]

10 hours ago, AlawsoabA1221 said:

Post this in is there a lawyer in the house. This Synchrony arb clause has def been awarded MTC. The goal is to, if you receive a complaint, file your response to include affirmative defense & epecting to arbitrate (bc claims are subject to arb. The lawsuit portion language states if they file a suit, & u respond without saying they have wrongdoing, or request MTC & its granted....).  Then u file a MTC w Stay of Proceedings. Request arb, w JAM then they likely dismiss case & dont pay for arb. Tons of us are doing this now. Idk how to post links to threads, but reas up on it. 

Thanks for a minute there i was going to throw in the towel..lol

[nobk4me]

18 hours ago, THELEGEND said:

except as noted below. 2. 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) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

Read that part carefully.  It says WE will not REQUIRE  you to arbitrate in those conditions.  In other words, they won't force you to arbitrate.  But no one is forcing you.  You WANT arbitration.  No one is dragging you into it kicking and screaming.