Garcia v. Wells Fargo Bank, N.A., No. 11-16029 (11th Cir. 2012)Annotate this Case
Plaintiffs in these five separate putative class actions alleged that Wells Fargo and Wachovia Bank unlawfully charged them overdraft fees for their checking accounts, which were governed by agreements that provided for arbitration of disputes on an individual basis. On appeal, Wells Fargo argued that it did not waive its right to compel arbitration because it would have been futile to move to compel arbitration before the Supreme Court decided AT&T Mobility LLC v. Concepcion. The court concluded that Concepcion established no new law. Because the court concluded that it would have been futile for Wells Fargo to argue that the Federal Arbitration Act, 9 U.S.C. 1 et seq., preempted any state laws that purported to make the classwide arbitration provisions unenforceable, the court affirmed the denial of its motion to compel arbitration.