Law360, New York (August 22, 2012, 9:28 PM EDT) -- The Third Circuit on Wednesday said the U.S. Supreme Court's landmark Concepcion decision barred an American Express Co. customer's putative class action over alleged bait-and-switch marketing of Blue Cash credit cards, ruling the Federal Arbitration Act preempts any state attempt to make a class arbitration waiver unenforceable.
The appeals court affirmed the District of New Jersey's August 2011 order compelling plaintiff G.R. Homa to submit his claim against the credit card company to arbitration as an individual, as required by the credit card agreement.
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