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.

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