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Kerry has a bank account at Bank of America ( BoA ) . When Kerry opened the account, she signed several documents, including a standardized
Kerry has a bank account at Bank of America BoA When Kerry opened
the account, she signed several documents, including a standardized form
that included certain terms and conditions.
Among other provisions, the standardized form provides:
that any and all disputes between Kerry and BoA must be submi"ed to arbitration,
that the joinder of additional parties in arbitration is prohibited, and
that Kerry and BoA will share the cost of arbitration equally.
Over the course of a year, BoA erroneously applies four $ overdra fees to
Kerrys account. Kerry les a lawsuit against BoA, arguing that the erroneous overdra fees violate federal law, and she seeks compensatory damages. Assume, for the purposes of this question, that Kerry is right: the fees
violate federal law and federal law supplies her with a private right of action.
BoA responds with a motion to compel arbitration. Kerry opposes the motion, and cites that the arbitrator costs $ per hour and that the proceeding is expected to take ve hours.
Youre the district judge assigned to Kerrys case, and BoAs motion to compel arbitration is ripe for adjudication. Which way will you rule? Explain
why
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