Originally Posted by
theoracle111
In general, is it better for someone to file in Small Claims Court or Arb?
You assumed that US Bank would be paying the consumer filing fee. But wouldn't I have to pay for everything else in arbitration? Isn't this more expensive or me than SCC?
US Bank's own contract states that they pay for ALL fees in private arbitration. They will even pay your filing fee which is about $250 for JAMS. Though the contract specifically states that they won't pay your lawyer fees, I believe California law allows the consumer to recoup lawyer fees but not the bank. You don't need a lawyer however, the streamlined rules are fairly straightforward.
Ultimately you don't want to actually go to arbitration. You do however want US Bank to believe that you are locked and loaded to go into arbitration. This is because they know that it will cost them tens of thousands of dollars if you go through with it. I would fill out the JAMS forms (takes all of a minute) and send a copy to JAMS and a copy to US Bank asking them to pay the consumer fee along with the retainer. Once they see they are going to pay $10,000 for a points dispute I would suspect they would want to talk to you.