META BANK anticipates going into binding arbitration with their customer base – This means that META BANK customers never can win.

MetaBank

Rating: [ Meta Bank has begun to have their employees send in absolutely glowing accounts of META BANK’s services. There is nothing genuine in the entries made by META BANK Representatives so the “RATING” for META BANK is extremely inaccurate as far as how it really reflects consumer’s experiences with META BANK – Also this practice is misleading and fraudulent that META BANK appears to be fostering. It is a question of ethics and META BANK has none.]

9 complaints [ To be highlighted in another posting]

MetaBank social reviews and reports. Join community by posting your own comments or complaints.

[This is publicity for META BANK]

Metabank was started in 1954 by Stanley Haahr in Storm Lake, Iowa. Originally it was Storm Lake Savings and Loan Association with a starting capital of 10000USD. In 2005 all bank divisions united under the name of MetaBank. The bank provides the following services long- and short- term loans, mortgages, accepts different types of payment. Meta Payment System is considered to be a pioneering financial institution in the sphere of down-payments. Today the central office of Metabank operates numerous branches across the Midwest. Please try to contact MetaBank Customer Service directly prior to posting any complaints on this site.

 [HERE ARE META BANK’S RULES AND GUIDELINES FROM ONE OF THE MANY, MANY PAGES ON LINE]

ICARD by META BANK

13. Amendment and Cancellation

We may amend or change the terms of this Agreement at any time without prior notice to you except as required by applicable law.

We may cancel or suspend your Card or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card to us.

Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in this Agreement. [ META BANK will issue the customer a credit. Please note that a credit is not cash and that you as the customer will still be entangled in META BANK’s web. How the customer will then be able to access their credit is not even mentioned because META BANK has other plans…. One is to push blame off onto the customer for any and all problems.]

[Consumers if you have any questions about who is in control of your money, your hard earned money the following should explain that quite clearly:]

14. Information About Your Right to Dispute Errors

In case of errors or questions about your Card telephone us at 866 845 6273 or write us at PO Box 550160 Ft. Lauderdale, Fl 33355-0160 as soon as possible, if you think an error has occurred in your Card account.

We must hear from you no later than 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. [ That is about as clear as mud to anyone without a law degree.]

You may request a written history of your transactions at any time by contacting us at the number or address above. You will need to tell us the following: (1) your name, (2) your Card number, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. Funds will remain contingent on whether we determine if an error occurred. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact us by calling 866 845 6273…..

18. Arbitration

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds in the Card accounts; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. [ This may explain why some establishments may not accept the META BANK Product in the first place. …  When one customer told META BANK that no one in the EU would take their card, META BANK Representatives told this highly educated person that they hadn’t used the card properly, so it was the customer’s fault that they couldn’t access the money on their prepaid travel card while in western Europe according to META BANK … I find this highly unlikely. If the merchant won’t accept the card for payment, the source of the problem lies elsewhere and not with the customer. But why lie to the customer???]

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at http://www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at http://www.adr.org.[Wow, the average person is not a lawyer and since META BANK caters to a sub-prime market they would not be in a position to study the issue nor to hire an attorney. This makes META BANK unethical yet again in how they have set up their business organization. By design, any customer of META BANK is set up to fail sooner or later. That is if they are a genuine customer and not a bank representative or one of the staff people given a gift card in an effort to get them to push the card on behalf of META BANK.]

Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated.

[META BANK takes away the customer’s rights to participate in a class action lawsuit in the paragraph above.]

The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration.

At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. [ Meta Bank in the paragraph above is basically encouraging former customers to take on an expensive and very time consuming arbitration. META BANK has in house attorneys and by design they have established this plan not for the consumer, but to their advantage. Since META BANK seeks out the sub-prime market, this makes their design unethical and gives them all the advantages.]

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code.

The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us.[META BANK will still come after their former customers debts and that former customer has given over all the control of their assets to META BANK as part of the agreement…This is a no win situation for the consumer by the way that it is designed.]

If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity. [Where are the rights of consumers actually identified? Why would anyone ever want to do business with META BANK? Please warn everyone about how META BANK works. No one likes to be scammed. META BANK writes all of the rules, and the consumer has to take them or leave them. However, the initial META BANK plan is very misleading about what needs it will address; this is by design.]

This Card is issued by MetaBank
5501 S. Broadband Lane
Sioux Falls, SD 57108
866 845 6273
http://www.iBankUP.com

[What is there within the above statement by META BANK that doesn’t anticipate having to go to court in one form or another about how they do business. META BANK was established with the idea that they would be going to court, a very expensive undertaking for the average person. Right from the start, META BANK in their own words explains that they do intend to be prepared for any court battle which they anticipate will happen. The average person would be making internal changes to avoid having to go into litigation all of the time. In house council for META BANK appears to have helped to design their banking practices. In the agreement for iBank UP, it is clearly stated that this contract is not for the benefit of the consumer. In the publicity, META BANK will lead the customers to believe anything just to get the customer to sign on, and then the customer will see for the first time the real character and operation practices.]

Leave a comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: