The Freedom to Give Up Our Rights

I propose a new slogan for the Military Star Card: "You Defend Americans' Rights, We Take Them Away"

I have a Military Star card, a store charge card good at Army, Air Force, Navy, Marine and Coast Guard Exchanges worldwide; as well as the Exchange Catalog and Online Store.  So do thousands of other service members and their families.

Today I received an update to their terms and conditions, the first revision in a long time.  Among other things, they are requiring that disputes be settled through binding arbitration.  In other words, unless current members opt-out by mail, military customers are being told that to use this card they must give up their rights to have their grievances heard in court.

There is nothing unique about a credit or charge card including an arbitration clause.  USAA, which also serves the military community, introduced arbitration into their credit card contracts a couple years ago.  Many other contracts include them, including cell phone contracts.  Even some employers make new hires sign away their right to sue in court.

What bothers me is that we currently have military JAGs serving in places like Afghanistan and Iraq, and their primary role is to help police and government forces build strong and fair court systems.

The Iraqi judicial system has to work.  Trying to support and help Iraq rebuild their judicial system is so important because the Iraqi people need a viable police force and judicial system that will protect them.

– Judge Advocate General of the Navy, Rear Adm. Bruce E. MacDonald, Baghdad, 2007

Now, obviously, Iraqis and detainees in Iraq have far more important concerns than shopping and credit card policies when it comes to their judicial system.  There is no comparison between what they need from a court system compared to my shopping for baby strollers.  In any case, it was Congress, not the judicial system, that recently reined in the egregious credit card company practices, such as gotcha-fees and universal default interest rate increases.

Most of us will never challenge the policies of a credit card company and so the issue is largely symbolic.  I realize that.  And as far as symbolism goes, it’s not very interesting to many people except maybe at the moment they are about to be hired for a job and are asked to sign an arbitration clause.  Yes, there are bigger worries in life.

But the question still remains:  Why is the Military Star Card asking service members to sign away their basic and fundamental right to have access to America’s judicial system?