The Eleventh Circuit held that a defendant bank that had previously waived its right to compel arbitration in connection with a consumer class action lawsuit and which had litigated the case for nine months could retract its waiver after plaintiff filed an amended complaint. Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194 (11th Cir. 2011) (No. 10-11912). The court concluded that, in limited circumstances, fairness dictates that a waiver of arbitration may be nullified by the filing of an amended complaint. In this case, the amended complaint significantly broadened the scope of the litigation, adding thousands of new class plaintiffs. Given this unforeseen alteration in the nature of the case, the bank was allowed to rescind its earlier waiver through a prompt motion to compel arbitration post-amendment.