11th Circ. Says RBC Can't Arbitrate Overdraft Litigation

Law360, Los Angeles (February 10, 2014, 8:13 PM EST) -- The Eleventh Circuit on Monday rejected RBC Bank USA’s bid to force arbitration in a lawsuit, part of a multidistrict litigation brought by checking account customers who say they were charged excessive overdraft fees, holding that a the newest agreement at issue had no arbitration clause.

Plaintiff Michael Dasher sued RBC in 2010, alleging that RBC reordered debit card purchases at the end of each day to draw funds for larger purchases before smaller ones, rather than chronologically, to artificially deplete accounts and charge a $35...
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