Appellate Law

Certified Question: Class Action Waivers

By Matt Conigliaro

This decision arguably invites more questions than it answers, but the Fourth District does give one very clear answer: in a case involving various consumer protection statutes, the court held that a class action waiver contained in a check cashing company’s arbitration agreement violated Florida’s public policy and resulted in the denial of the company’s motion to compel arbitration.

The court nonetheless certified the following to the state supreme court as a question of great public importance:

WHEN ASSERTED IN A CLAIM INVOLVING A VIOLATION OF FDUTPA OR ANOTHER REMEDIAL STATUTE, DOES A CLASS ACTION WAIVER IN AN ARBITRATION AGREEMENT VIOLATE PUBLIC POLICY WHEN THE TRIAL COURT IS PERSUADED BY EVIDENCE THAT SUCH A WAIVER PREVENTS CONSUMERS FROM OBTAINING COMPETENT COUNSEL?

Full post as published by Abstract Appeal on February 04, 2011 (boomark / email).