Dispute Resolution Magazine
A recent case from the Southern District of New York, Ross et al v. American Express et al, is an antitrust case, but it also is an important case for arbitration. Ross consolidated several class actions in which plaintiffs alleged that major credit card issuing banks, including American Express (Amex), First USA, Bank of America, Citibank, Chase, Discover, and others “violated the Sherman Act by agreeing with their competitors to implement and maintain mandatory class action-barring arbitration clauses as a term or condition for holding their general purpose credit cards.
American Bar Association Section of Dispute Resolution
Nancy A. Welsh & Stephen J. Ware,
Ross et al. v. American Express et al.: The Story Behind the Spread of Class Action-Barring Arbitration Clauses in Credit Card Agreements,
Disp. Resol. Mag.
Available at: https://scholarship.law.tamu.edu/facscholar/996