ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

ABA files coalition amicus brief urging Fourth Circuit to reverse in arbitration agreement lawsuit

March 4, 2024
Reading Time: 3 mins read

Arbitration
Espin v. Citibank N.A.                                                                                                                                       Date:
Feb. 1, 2024

Issue: Whether the Servicemember Civil Relief Act displaced the Federal Arbitration Act (FAA)’s arbitration mandate.

Case Summary: The American Bankers Association filed a coalition amicus brief urging the Fourth Circuit to reverse a district court decision ruling the Servicemember Civil Relief Act (SCRA) overrides the FAA’s enforceability mandate.

In September 2022, four servicemembers holding Citibank credit cards sued Citibank alleging it violated the SCRA by imposing a “veteran penalty.” The SCRA requires lenders to limit the interest rate charged to eligible servicemembers to 6% during periods of military service. Although Citibank offered the servicemembers zero interest during active duty, Citibank increased the interest rate for servicemembers leaving active duty.

Citibank moved to compel arbitration and stay (pause) the lawsuit. Citibank contended each of the servicemembers received notice of an arbitration agreement. Under the FAA, if a party that signed an agreement containing an arbitration clause tries to sue rather than seeking arbitration, the other party can enforce the arbitration by filing a motion. Citibank claimed the servicemembers received notice of an arbitration agreement. However, the SCRA provides that servicemembers may, in “civil actions” pursue collective actions regardless of “previous agreement[s] to the contrary.” The servicemembers argued the Military Lending Act (MLA) prohibits arbitration here, and the MLA’s anti-arbitration provisions apply each time a consumer uses a credit card. According to the servicemembers, this qualifies as a new extension of credit under the MLA. The district court denied Citibank’s motion to compel arbitration. Citibank appealed the district court’s decision.

In its brief, ABA argued the Fourth Circuit should maintain the Supreme Court’s demanding standard for discerning whether a federal statute displaces the FAA. ABA emphasized the district court’s decision conflicts with the FAA’s requirement to rigorously enforce agreements to arbitrate, absent an explicit contrary command by Congress.

ABA also highlighted the benefits of arbitration. ABA explained arbitration expands access to justice and allows consumers to pursue claims they could not viably litigate. It also allows consumers to seek redress they could not practically seek in court, which in turn expands the number of claims they can pursue. Arbitration is more efficient, less expensive than litigation and generally has simpler procedural and evidentiary rules. Even more so, arbitration claimants do just as well, if not better, than litigants in court:  consumers win in arbitration 41.7% of the time compared to only 29.4% of the time in court.

ABA also argued the district court’s lax standard for overriding the FAA would undermine Congress’s effort to promote arbitration. Congress crafted the FAA to overcome unwarranted judicial hostility and ensure arbitration’s “promise of quicker, more informal, and often cheaper resolution” would be available to all. Moreover, the district court’s misreading of the SCRA and overly lax standard for discerning whether a federal statute displaces the FAA’s protections would undo this promise and invite the exact sort of judicial hostility to arbitration the FAA was designed to overcome. ABA emphasized only a “clear and manifest” express command by Congress displaces the FAA’s protections. Reading the SCRA to override the FAA’s mandate would undermine the FAA and the arbitral system.

Finally, ABA Amici argued the servicemembers’ misreading of the MLA would make the credit-card market unworkable. The servicemembers incorrect interpretation of the MLA’s treatment of “extensions of consumer credit” threatens to deny parties the mutual benefits of the arbitral process, while disrupting settled industry expectations and imposing an unfair system on creditors. ABA stressed if every credit card swipe were a fresh “extension of credit” under the MLA, banks would face an endless and risky loop of checking and re-checking customer status.

Bottom Line: The Servicemember’s reply brief is due March 25, 2024.

Documents: Brief

Tags: Banking Docket
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: October 2026

Uncategorized
October 19, 2026

Compliance QOTM answers question on whether a home-secured loan used to purchase a business property qualifies as a business-purpose loan and, if so, how that classification affects its coverage under Regulations Z, X, C and B.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Oct. 19

Uncategorized
October 19, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: July through September 2026

Uncategorized
October 5, 2026

As of Sept. 15, 2026, the 314 Program Office has processed 9,403 requests pertinent to the following significant criminal investigations since the program started in late 2002.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: Oct. 5

Uncategorized
October 5, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA DataBank: Healthcare led job gains in weaker September report

ABA DataBank: Healthcare led job gains in weaker September report

Economy
October 2, 2026

While the unemployment rate remains relatively low, a continued deterioration in labor market conditions could lead to some weakening in overall credit performance in the months ahead.

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

Uncategorized
September 30, 2026

ABA and the Mississippi Bankers Association filed a coalition amicus brief urging the Supreme Court of Mississippi to affirm a Mississippi trial court’s order compelling arbitration and hold that banks may amend deposit agreements, including arbitration clauses, through...

NEWSBYTES

ABA to livestream portions of annual convention general sessions

October 22, 2026

FinCEN investigating Greek bank for alleged Iranian ties

October 22, 2026

Studies gauge fraud costs for banks, financial services

October 22, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: Proactively managing the core provider relationship

October 22, 2026

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.