Ninth Circuit Holds Public Injunctive Relief May be Pursued by an Individual in Arbitration

A recent Ninth Circuit decision, DiCarlo v. MoneyLion, Inc., 2021 WL 647502 (9th Cir. Feb. 19, 2021), navigated the issues around compulsory arbitration provisions and class action waivers in customer-facing contracts by holding that, public injunctive relief is available to an individual litigant in arbitration, and thus MoneyLion’s arbitration clause and class action waiver could be enforced.

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