In contrast, many consumers may choose not to arbitrate because the chance of success is low, and the cost of pursuing individual claims can be prohibitive.
Cardholders had sought to force American Express, Citigroup and Discover to remove arbitration clauses from their cardholder agreements for eight years.
In April 2010, Bank of America Corp, Capital One Financial Corp, HSBC Holdings Plc and JPMorgan Chase & Co settled with the cardholders by agreeing to remove their arbitration clauses for 3-1/2 years.
The case is Ross et al v. Citigroup Inc et al, 2nd U.S. Circuit Court of Appeals, No. 14-1610.