United States Eighth Circuit

In a putative class action alleging that American Express defendants violated the Truth in Lending Act (TILA) by issuing preloaded, stored-value cards without making disclosures required under the TILA, grant of defendant's motion to compel arbitration is affirmed where, contrary to plaintiff's argument, a contract's class-action waiver was not substantively unconscionable and there were no strong indicia of procedural unconscionability.

Appellate Information

• Decided 09/09/2008
• Published 09/09/2008

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Leslie A. Bailey, argued, Oakland CA, F. Paul Bland Jr., Washington DC, Debra K. Lumpkins, St. Louis, MO, and Charles D. Marshall, San Francisco, CA, on the brief, for appellant.


• For Appellees:
  
• Stephen Swofford, argued, Daniel K. Ryan, on the brief, Chicago IL, for appellee.