Wells Fargo Customers Ask 11th Circ. To Nix Arbitration Order

Law360 (December 17, 2020, 5:20 PM EST) -- Wells Fargo customers suing the bank in five suits in multidistrict litigation over deceptive overdraft fees asked the Eleventh Circuit on Thursday to reverse an order sending the claims to arbitration, arguing that the wording of their contracts calls for commercial dispute resolution to consumer claims.

In oral arguments before two judges of a three-judge panel via videoconference, plaintiffs' attorney Bruce Rogow told the court that the arbitration clause in the customers' contracts sends them to arbitration under the American Arbitration Association's commercial dispute resolution rules.

"If you are an account holder and you have a few dollars in the bank,...

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