Nicole Zachman brought a putative class action against the Hudson Valley Federal Credit Union (HVCU) for breach of contract and violation of the federal Electronic Fund Transfer Act, among other claims, based on HVCU’s alleged practice of collecting overdraft or insufficient funds fees on accounts that were not actually overdrawn.
HVCU moved to compel arbitration based on an arbitration provision included in the modified account agreement Zachman signed in 2019 when she opened her online account with HVCU. Zachman countered that the account agreement she signed in 2012, when she originally opened her account with HVCU, did not contain an arbitration agreement and further that she was not bound by the arbitration provision added in 2019 because she was never provided notice of its addition…
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This article first appeared on Allen & Overy LLP’s website on 25 November 2020, here. The International Chamber of Commerce (the ICC) has published its revised 2021 Arbitration Rules (2021 Rules). The...
By Anna MassarIn this episode of the Arbitration Conversation Amy interviews Prof. Michael Pitton of the University of Iowa College of Law. Prof. Pitton has also practiced law since 1977 in the...
By Michael Pitton, Amy SchmitzThis article was first published on the Practical Law Arbitration Blog on 1 April 2021, here. Where a number of disputes arise between the same parties under different contracts or...
By Stephanie Barrett
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