A split circuit court panel has rejected Sunoco's attempts to compel arbitration in a proposed class action alleging the company's rewards card program cheated customers.

A divided three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled Tuesday that, since only Citibank, and not Sunoco, was a signatory to the awards program agreement, the Pennsylvania-based gasoline retailer could not compel arbitration. The decision upheld a ruling from the U.S. District Court for the Eastern District of Pennsylvania.

Sunoco had argued the awards program contract should be considered as part of an overall joint agreement between plaintiff Donald White, Citibank and Sunoco, based on the gas company's promotional and advertising materials.

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