Espin v. Citibank, N.A. (E.D.N.C.)

September 29, 2023, the court denied Citibank’s motion to compel arbitration in Espin v. Citibank, N.A. (E.D.N.C.).  This is a class action lawsuit brought under the Servicemembers Civil Relief Act (“SCRA”) by four servicemembers who held credit cards issued by, or had other interest-bearing obligations to, the bank.  The complaint alleges that Citibank failed to comply with Section 3937 of the SCRA, which requires lenders to limit the interest rate charged to eligible servicemembers to 6% during periods of military service.  In its Statement of Interest, which was filed on March 2, 2023, the United States argued that the SCRA gives servicemembers pursuing SCRA claims the right to participate in a class action case in federal court even where a defendant seeks to enforce a contract clause mandating individual arbitration.  The United States also argued that the relevant portion of the SCRA, which became law in 2019, applies even where the arbitration agreements were executed before the change in law.  The court’s opinion adopted the position advocated for by the United States.

Press Release (3/2/2023)