An updated bank account agreement with no arbitration clause supersedes an earlier agreement that mandated arbitration, the state Superior Court has ruled, allowing a class action alleging improperly assessed overdraft fees to proceed.
A unanimous three-judge panel on Nov. 24 affirmed a trial court order overruling National Penn Bank’s petition to compel arbitration, and quashed the bank’s appeal of an order overruling its demurrer, saying it had no jurisdiction to review the demurrer.
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