6 results for 'cat:"Arbitration" AND cat:"Class Action" AND cat:"Contract"'.
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: arbitration, class Action, contract
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, class Action, contract
J. Chin finds that the district court should have compelled arbitration in class consumer claims brought after payments made on a "buy now, pay later" service were deducted from an insufficient bank account, incurring overdraft fees. Upon making the online purchase, plaintiff clicked through several screens, including a proprietary "widget" that provided conspicuous notice of the arbitration provisions, and she consented to those terms by continuing to click through the agreement. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: November 3, 2023, Case #: 22-557-cv, Categories: arbitration, class Action, contract
J. Stark finds the circuit court properly denied the credit union's motion to compel arbitration in a class action lawsuit from a consumer claiming the credit union collected unlawful overdraft fees from its members. The credit union did not have contractual authority to add an arbitration clause to its membership agreement in 2021 and use it to attempt to compel arbitration and withdraw its members' right to participate in class action litigation, as that term was not part of the original contract at dispute. The consumer, who opened his account in 1991, also did not technically approve of the clause by not specifically opting out of its provisions and continuing to use his account, so it cannot be enforced against him. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: October 24, 2023, Case #: 2022AP000887, Categories: arbitration, class Action, contract
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J. Chasanow denies a subprime credit card loan originator’s motion to compel arbitration in this class action suit brought by a group of borrowers. According to the agreement the borrowers signed, arbitration is necessary when “required by law,” but the agreement fails to define any such law and so cannot be enforced.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 26, 2023, Case #: 8:23cv827, NOS: Consumer Credit - Other Suits, Categories: arbitration, class Action, contract