Walmart, Gift Card Buyers Must Have Trial On Arbitration Issue

By Craig Clough (October 8, 2021, 5:52 PM EDT) -- The Eighth Circuit held Friday that a proposed class of Walmart customers who allege funds were stolen off their gift cards by a third party must proceed to a trial to determine if an enforceable arbitration agreement exists — an outcome both parties hoped to avoid.

The three-judge panel reversed a lower court's decision that an arbitration clause found in Walmart.com's terms of use was unenforceable against the plaintiffs and remanded the case for a trial on the question.

Walmart urged in its appeal for the case to be sent to arbitration, or as an alternative option to proceed to a...

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