Cicle v. Chase Bank USA, No. 08-1362
In an action alleging illegal credit card penalties, the district court's order denying defendant's motion to stay and to compel arbitration is reversed where: 1) plaintiff had ample opportunity and time to opt out of the amendment to the parties' arbitration agreement before it took effect, but instead continued to use the card; 2) the agreement specifically provided an exception to binding arbitration in that plaintiff could file her claim individually in small claims court; and 3) the record did not support the district court's conclusion that the costs and fees associated with arbitration of plaintiff's individual claim made the agreement unconscionable as to her.
Submitted: October 15, 2008
Filed: October 6, 2009
Opinion by Judge Bowman