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Dispute Resolution Keyed to Menkel-Meadow, 3rd Ed.
McGill v. Citibank, N.A.
Citation:
393 P.3d 85, 2 Cal. 5th 945 (2017)Facts
In 2001, Sharon McGill opened a credit card account with Citibank and purchased a “credit protector” plan under which Citibank would defer or credit certain amounts on her account when qualifying events occurred, such as long-term disability or unemployment. Citibank charged a monthly premium based on her credit card balance. The original account agreement did not contain an arbitration provision, but Citibank later amended the agreement to add one. The arbitration provision stated that all claims must be brought on an individual basis, not as a class action or private attorney general action, and that the arbitrator could award relief only on an individual basis. In 2011, McGill filed a class action against Citibank based on its marketing of the Plan and handling of her claim when she lost her job in 2008. She alleged violations of the UCL, CLRA, and false advertising law, and sought, among other remedies, an injunction prohibiting Citibank from continuing its allegedly illegal practices.
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