Eleventh Circuit Ruling Gives Large Bank Another Chance at Arbitration

Arbitration Class Action Overdraft

On an appeal of five putative class actions alleging the unlawful charging of overdraft fees on consumer checking accounts, On February 10, the U.S. Court of Appeals for the Eleventh Circuit vacated a lower court order holding that the defendant’s waiver of its right to compel arbitration with the named plaintiffs precludes the Bank from compelling arbitration with any unnamed members of the putative classes.  In re Checking Account Overdraft Litigation, No. 13-12082 (11th Cir. Feb. 10, 2015).  The panel held that the lower court lacked jurisdiction to resolve the question.  Additionally, it held that the named plaintiffs lacked standing, under Article III of the U.S. Constitution, to advance claims on behalf of those unnamed putative class members, who—in the absence of class certification—have “no justiciable controversy” with the Bank.