The U.S. Court of Appeals for the Eleventh Circuit has tossed out class certification for more than 1 million potential plaintiffs suing Wells Fargo, ruling that the banking behemoth did not waive its rights to compel arbitration when it agreed to defend in court five cases seeking damages for the way the bank calculated overdraft charges.

A Florida district judge had granted class certification in the litigation, ruling that—by defending the individual actions and not moving to compel arbitration against the unnamed plaintiffs—Wells Fargo had “signaled to the court that it and plaintiffs that it would not seek arbitration” against this plaintiffs.