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Bickerstaff v. SunTrust Bank

The Court of Appeals erred in affirming the denial of the plaintiff's motion for certification of a class based on lack of numerosity in his proposed class action lawsuit alleging that a bank charged usurious bank card overdraft fees.

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Appellee SunTrust Bank created a deposit agreement to govern its relationship with its depositors that permits an individual depositor to reject the agreement’s mandatory arbitration clause by giving written notice by a certain deadline, containing certain identifying information such as name and account number. SunTrust claims it drafted the arbitration clause in such a way that only an individual depositor may exercise this right to reject arbitration on his or her own behalf, thereby permitting that individual to file only an individual lawsuit against the bank. But SunTrust asserts that even if, as it has been determined here, the filing of a lawsuit prior to the expiration of the rejection of arbitration deadline operates to give notice of the individual plaintiff’s rejection of arbitration, the complaint cannot be brought as a class action because the filing of a class action cannot serve to reject the arbitration clause on behalf of class members who have not individually given notice. Instead, SunTrust claims, its arbitration rejection clause is drafted in such a manner as to make it impossible for a class representative to act on behalf of class members in this lawsuit. We disagree.

Factual and procedural background

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