United States Eighth Circuit

In an action alleging illegal credit card penalties, the district court's order denying defendant's motion to stay and to compel arbitration is reversed where: 1) plaintiff had ample opportunity and time to opt out of the amendment to the parties' arbitration agreement before it took effect, but instead continued to use the card; 2) the agreement specifically provided an exception to binding arbitration in that plaintiff could file her claim individually in small claims court; and 3) the record did not support the district court's conclusion that the costs and fees associated with arbitration of plaintiff's individual claim made the agreement unconscionable as to her.

Appellate Information

• Decided 10/06/2009
• Published 10/06/2009

Judges

• BOWMAN, Circuit Judge., Before RILEY, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher Martin Hohn, argued, Roman P. Wuller and Danielle T. Uy, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Timothy W. Van Ronzelen, argued, Matthew A. Clement and Kari Schulte, on the brief, Jefferson City, MO, for appellee.