Supreme Court of California

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McGill v. Citibank, 224086

In a dispute between a consumer and a credit card company involving the validity of a provision in a predispute arbitration agreement that waives the right to seek the statutory remedy of public injunctive relief in any forum, the Court of Appeals' decision is reversed where: 1) such a provision is contrary to California public policy and is thus unenforceable under California law; and 2) the Federal Arbitration Act (FAA), 9 U.S.C. section 1 et seq. does not preempt this rule of California law or require enforcement of the waiver provision.

Appellate Information

  • Decided
  • Published 2017/04/06

Judges

  • CHIN

Court

  • Supreme Court of California

Counsel