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

Fourth Circuit rules servicemembers Civil Relief Act does not bar arbitration

March 3, 2025
Reading Time: 3 mins read
Fourth Circuit rules servicemembers Civil Relief Act does not bar arbitration

Federal Arbitration Act
Espin v. Citibank N.A.
Date: January 27, 2025

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

Case Summary: In a 3-0 decision, a Fourth Circuit panel held that the SCRA does not override mandatory arbitration agreements in lenders’ contracts with military borrowers.

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 that 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. The SCRA provides, however, 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, and Citibank appealed the district court’s decision.

ABA filed a coalition amicus brief supporting Citibank, arguing the Fourth Circuit should maintain the Supreme Court’s demanding standard for discerning whether a federal statute displaces the FAA. The FAA requires courts to strictly enforce arbitration agreements because of arbitration’s many advantages. This mandate applies even when a plaintiff raises statutory claims unless Congress explicitly states otherwise. For decades, Supreme Court precedent has held that a statute can override arbitration only if it clearly and expressly precludes it. ABA also argued the district court’s lax standard for overriding the FAA would undermine Congress’s effort to promote arbitration. Finally, ABA argued the servicemembers’ misreading of the MLA would make the credit card market unworkable.

On appeal, the panel reversed and remanded, concluding the SCRA does not prohibit the enforcement of arbitration agreements in credit card contracts under the FAA. To begin, the panel noted the FAA promotes “a liberal federal policy favoring arbitration agreements” and requires courts to honor arbitration agreements unless “overridden by a contrary congressional command.” Yet, in the SCRA, the panel found no such command. The SCRA’s class action provision allows a person to file a class action but does not mandate it or prohibit arbitration. As explained by the panel, “the provision is permissive,” and “does not prohibit the person from resolving a SCRA claim in another forum, such as the arbitral forum.” The panel found that allowing the SCRA claims to proceed in forums other than federal court aligns with Supreme Court precedent, which holds that federal statutory remedies do not override arbitration agreements unless explicitly stated. According to the panel, the SCRA’s legislative history shows that Congress considered a prohibition on arbitration of SCRA claims without mutual consent in the 2020 National Defense Authorization Act but declined to include this prohibition.

On the MLA, the panel acknowledged that it contains an express prohibition on arbitration. Still, the panel noted that the district court had not decided whether the MLA applies. The parties disputed whether a bank “extends consumer credit” to a customer when a plaintiff first opens a credit card account or each time a customer makes purchases on their credit cards. The court remanded the MLA claims for further determination by the district court.

Bottom Line: The panel instructed the district court to compel arbitration on all claims except those brought under the MLA; determine whether the MLA applies to the plaintiffs’ credit card accounts; and resolve any other issues that the parties might raise regarding those MLA claims if necessary.

Documents: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

ABA DataBank: Services sector continues to expand

ABA DataBank: Services sector continues to expand

Economy
March 4, 2026

The ABA Office of the Chief Economist believes the data is pointing to continued strength in the services sector, a key driver of U.S. economic activity and recent gross domestic product growth.

Bank survey probes business owners’ views on tariffs

U.S. Supreme Court rules IEEPA does not authorize president to impose reciprocal or drug-trafficking tariffs

Uncategorized
March 2, 2026

In a 6-3 decision, the U.S. Supreme Court ruled that the IEEPA does not authorize the president to impose tariffs.

OCC files amicus brief supporting ABA

Northern District of Illinois partially upholds Interchange Fee Prohibition Act

Uncategorized
March 2, 2026

Judge Virginia Kendall of the Northern District of Illinois partially upheld the Illinois Interchange Fee Prohibition Act, ruling that federal law does not preempt the Interchange Fee Provision, but does preempt the Data Usage Limitation.

Ninth Circuit affirms dismissal of investor suit against Comerica

Ninth Circuit affirms dismissal of investor suit against Comerica

Uncategorized
March 2, 2026

In a unanimous decision, a Ninth Circuit panel affirmed the dismissal of a lawsuit alleging that Comerica violated the Securities Exchange Act by misleading investors about how it oversaw its U.S. Department of the Treasury contract.

Fourth Circuit revives class action challenging Navy Federal’s mortgage lending practices

Fourth Circuit revives class action challenging Navy Federal’s mortgage lending practices

Uncategorized
March 2, 2026

In a 2-1 decision, a Fourth Circuit panel revived a class action lawsuit accusing Navy Federal Credit Union of racial discrimination in mortgage lending.

Maryland federal court declines to dismiss lawsuit against PNC over alleged unlawful HELOC withdrawals

Maryland federal court declines to dismiss lawsuit against PNC over alleged unlawful HELOC withdrawals

Uncategorized
March 2, 2026

A Maryland federal court refused to dismiss a lawsuit alleging that PNC Bank unlawfully withdrew money to cover a HELOC, ruling that customer William Lyons Jr. had standing to sue.

NEWSBYTES

Bank economists see moderate growth, persistent inflation amid geopolitical uncertainty

March 6, 2026

ABA backs Senate bill to bolster CDFI Fund

March 6, 2026

ABA DataBank: Employment dips in February

March 6, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

Podcast: A Lone Star banking perspective

January 15, 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.