Question

Virginia Cicle had a credit card with Chase Bank USA. The original agreement had a binding arbitration clause and class action waiver. In 2005, Chase sent a new agreement, and Cicle was given the choice of closing her account, but she used the card again, which meant she agreed to the agreement. A dispute arose, and Cicle filed a class action suit. Chase sought to enforce the arbitration clause. The clause required her to pay for filing an arbitration action, but Chase would reimburse her for up to $500. She had to pay her own attorney’s fees. Cicle further alleged the agreement was unconscionable because Chase had superior bargaining power and the agreement was in fine print. Was the agreement unconscionable? Explain.

Answer 1