By Michael Selle
A case currently on the U.S. Supreme Court’s list of pending petitions may impact the ability of financial institutions and other companies to rely upon arbitration agreements added to subsequent versions of account agreements and consumer contracts. While the case does not involve claims for TCPA or FCRA violations, amended account agreements including newly added arbitration provisions are often the basis for motions to compel filed by companies facing those claims. The enforceability of such revisions is the central issue in the petition filed by BB&T in Branch Banking and Trust Company v. Sevier County Schools Federal Credit Union, et al., Pet. No. 21-365.
