11th Circuit: Wells Fargo Did Not Waive Arbitration In Overdraft Class Suits

Mealey's (May 11, 2018, 2:06 PM EDT) -- ATLANTA — Wells Fargo Bank NA was not required to file a conditional arbitration motion against potential future unnamed class members in multiple class actions over overdraft fees to preserve its right to arbitrate those claims, an 11th Circuit U.S. Court of Appeals panel ruled May 10, vacating a trial court’s waiver finding (Dolores Gutierrez, et al. v. Wells Fargo Bank, NA, No. 16-16820, 11th Cir., 2018 U.S. App. LEXIS 12227)....