If last week’s 5-4 U.S. Supreme Court decision in AT&T v. Concepcion left any of our readers wondering how far the majority of Justices would go to protect consumer arbitration clauses, we’ve got good news for you: This week the high court agreed to hear yet another arbitration case following another plaintiffs-friendly ruling by the U.S. Court of Appeals for the Ninth Circuit, this time over credit cards.
In their petition for certiorari, which the Supreme Court granted on Monday, CompuCredit Holdings Corp and Synovus Financial Corp asked the Court to determine “whether claims arising under the federal Credit Repair Organizations Act…are subject to arbitration pursuant to a valid arbitration agreement.” The credit card companies, represented by O’Melveny & Myers, Morrison & Foerster, and McGuireWoods, argued that a divided Ninth Circuit panel erred and exacerbated a growing circuit split when it answered “no” to the same same question last summer.
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