Discover Bank v. Superior Court
California Supreme Court
113 P.3d 1100 (2005)
Relevant factsFree
Discover (defendant) added an arbitration clause banning classwide arbitration to its cardholder agreement via an amendment cardholders like Boehr (plaintiff) could reject only by closing their accounts; when Boehr later filed a class action alleging Discover engaged in deceptive practices, Discover moved to compel individual arbitration and dismiss the class claims under the clause.
IssueFree
Whether a classwide arbitration waiver in a consumer contract of adhesion is generally unenforceable.