11th Circ. Says Wells Fargo Didn't Waive Arbitration Rights

By Carolina Bolado (February 10, 2015, 9:44 PM EST) -- The Eleventh Circuit on Tuesday vacated an order stating Wells Fargo Bank NA's waiver of its right to compel arbitration with the named plaintiffs in putative class actions over disputed overdraft fees precludes the bank from compelling arbitration with any unnamed putative class members.

The appeals court said the district court did not have jurisdiction to rule on whether the putative class members' claims could be compelled into arbitration because the class had not yet been certified.

"Because a class had not been certified at the time Wells Fargo moved conditionally to compel arbitration of the claims of all unnamed class...

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