When college student Andre Watkins filed suit against Bank of America for alleged misconduct in handling a problem with his checking account, bank attorneys filed a motion to compel arbitration.
The bank argued that Watkins had agreed to all their terms and conditions on the day he opened his account and signed the required one-page “master agreement.” Though the form Watkins signed never specifically mentioned alternative dispute resolution, the bank maintained that the form clearly stated that other “written information we give you is part of this agreement” — including a pamphlet Watkins should have received that spelled out the ADR provision.
