Rejecting the reasoning of two decisions by the Pennsylvania Superior Court, the 3rd U.S. Circuit Court of Appeals has ruled that arbitration agreements cannot be deemed “unconscionable” solely on the grounds that they require consumers to waive their right to pursue class action claims.
In its 41-page opinion in Gay v. CreditInform, a unanimous three-judge panel said it recognized that the two Superior Court opinions gave the plaintiff support for her claim that the arbitration provision is unconscionable.
