Consumer complaint received 2024-04-04
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: CITIBANK, N.A. (CA)

I am writing to file a formal complaint against Citibank regarding their handling of a debt collection matter, which I believe constitutes a violation of consumer protection laws at both the federal and state levels. 

I was served with a lawsuit initiated by Citibank alleging non-payment of a debt related to a credit card account. The debt in question originated from a credit card issued by Citibank, Upon reviewing the original credit card agreement provided by Citibank, I discovered a binding arbitration clause, which states : This arbitration clause is significant as it establishes the agreed-upon method for resolving disputes related to the credit card account. It specifies that disputes must be resolved through binding arbitration, replacing the right to go to court, have a jury trial, or initiate or participate in a class action. Furthermore, it outlines the procedures, limitations, and requirements for arbitration, emphasizing arbitration as the primary mechanism for dispute resolution. 

Citibank 's decision to pursue litigation in court instead of adhering to the arbitration provision outlined in the credit card agreement constitutes a breach of contract. Their failure to abide by the terms of the arbitration clause violates the contractual agreement entered with me. 

Furthermore, Citibank 's actions have several legal consequences : Enforcement of Arbitration Clause : I request that the CFPB take appropriate action to ensure that Citibank complies with the arbitration provision and dismisses the court case. Citibank should be compelled to resolve disputes through arbitration as outlined in the contract. 

Federal Arbitration Act ( FAA ) : The FAA governs the enforcement of arbitration agreements in contracts involving interstate commerce. Under the FAA, arbitration agreements are generally favored and must be enforced according to their terms. Citibank 's failure to abide by the arbitration provision is a violation of the FAA since it acted contrary to the agreement 's requirements.

Consumer Financial Protection Bureau ( CFPB ) Regulations : Citibank 's actions are against the guidelines and regulations established by the Consumer Financial Protection Bureau ( CFPB ). One area of focus for the CFPB is ensuring fair and transparent practices in consumer financial products and services. This includes scrutinizing the use of arbitration agreements and dispute resolution processes by financial institutions like Citibank.

In the case of Citibank 's failure to comply with the arbitration clause in the credit card agreement, the CFPB should investigate whether Citibank 's actions align with its guidelines and regulations. This could involve assessing whether Citibank 's handling of the dispute resolution process adequately protects consumers ' rights and ensures fair treatment.

Sanctions or Penalties : Parties who disregard arbitration agreements or engage in litigation in violation of contractual provisions should face appropriate sanctions or penalties. I urge the CFPB to investigate this matter thoroughly and consider imposing sanctions against Citibank if it is found to have violated the arbitration clause.

In addition to federal law, Citibank 's actions have violated California consumer protection laws, including but not limited to : Unfair Competition Law ( UCL ) : Citibank 's disregard for the arbitration provision violates California 's UCL because its unfair and deceptive.

California Consumer Legal Remedies Act ( CLRA ) : Citibank 's actions violate CLRA rules. In the context of Citibank 's actions, Citibank 's disregard for the arbitration provision constitutes an unfair and deceptive business practice, Citibank 's failure to comply with the arbitration clause is deceptive and unfair behavior under the CLRA, as it may mislead consumers about their rights and options for dispute resolution.

Contract Law : Citibank 's failure to comply with the arbitration clause may constitute a breach of contract under California law. In the case of Citibank 's failure to comply with the arbitration clause in the credit card agreement, it constitutes a breach of contract under California law. The arbitration clause represents a material term of the contract, establishing the agreed-upon method for resolving disputes between Citibank and the cardholder. When Citibank initiated litigation in court instead of adhering to the arbitration provision, it disregarded a fundamental aspect of the contract. By failing to fulfill their obligation to resolve disputes through arbitration as outlined in the agreement, Citibank breached the terms of the contract.

I respectfully request that the CFPB investigate Citibank 's practices in this matter and take appropriate enforcement action to ensure compliance with federal and state consumer protection laws. Additionally, I seek guidance on the appropriate steps to resolve this dispute and protect my rights as a consumer.

Thank you for your attention to this matter. I look forward to your prompt response and assistance in addressing this issue. 

Sincerely, XXXX XXXX