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Banks waived right to compel the arbitration of checking account overdraft fee dispute

Winston & Strawn LLP
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USA
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November 5 2012

On October 26th, the Eleventh Circuit affirmed the district court’s finding that the defendant banks waived their right to compel the arbitration of customer disputes alleging that the banks unlawfully charged overdraft fees on checking accounts

After severing unconscionable provision, court orders arbitration

Winston & Strawn LLP
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USA
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July 9 2012

On July 6th, the Eleventh Circuit ordered arbitration in a putative class action complaint alleging that a bank charges its retail customers overdraft fees even if an account contains sufficient funds

Insights from Winston & Strawn

Winston & Strawn LLP
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USA
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April 30 2012

Last Tuesday, the Consumer Financial Protection Bureau submitted to the Federal Register for publication a "Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements"

Arbitrators determine arbitrability

Winston & Strawn LLP
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USA
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March 26 2012

On March 21st, the Eleventh Circuit vacated the district court's order denying defendant's motion to compel arbitration on plaintiffs' claim that defendant improperly charged their checking accounts overdraft fees

Arbitration clause with unilateral right to recover expenses conscionable under Georgia law

Winston & Strawn LLP
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USA
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March 12 2012

Plaintiffs sued Regions Bank, claiming that the collection of overdraft charges under the bank's deposit agreement violated federal and state law

Credit Repair Organizations Act does not preclude arbitration of claims

Winston & Strawn LLP
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USA
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January 17 2012

On January 10th, the Supreme Court addressed whether the Credit Repair Organizations Act ("CROA") precludes enforcement of an arbitration agreement in a lawsuit alleging violations of CROA

$54.1 million FINRA arbitration award confirmed

Winston & Strawn LLP
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USA
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January 3 2012

On December 21st, the Federal District Court confirmed a $54.1 million FINRA arbitration award to investors in a leveraged municipal bond arbitrage fund marketed by Citigroup

Amended complaints and the right to compel arbitration

Winston & Strawn LLP
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USA
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September 12 2011

On September 7th, the Eleventh Circuit addressed the effect that an amended complaint has on the waiver of the right to compel arbitration, an issue of first impression within that circuit

Federal court has jurisdiction over petition to compel arbitration

Winston & Strawn LLP
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USA
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August 29 2011

On August 25th, the Eleventh Circuit held that federal jurisdiction exists over a petition seeking an order to compel arbitration relating to a consumer loan

FINRA arbitration motion practice

Winston & Strawn LLP
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USA
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May 9 2011

On May 6th, the Financial Industry Regulatory Authority announced that, effective June 6, 2011, a moving party in an arbitration will have a five-day period to reply to a response to a motion

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