In Re: Checking Account Overdraft Litigation MDL No. 2036 Doris Powell-Perry v. Branch Banking And Trust Company

Branch Banking and Trust Company (“BB & T”), a commercial bank, appeals the district court’s denial of its motion to compel arbitration of a putative class action brought by two of its customers, Doris Powell-Perry and Curnie Sanders (collectively, “Plaintiffs”). Upon review of the district court’s order, the arguments set forth in the briefs, after the benefit of oral argument, and having considered our prior precedent on similar matters, we find that the district court erred in not severing the unconscionable cost-and-fee-shifting provision of the arbitration agreement. We therefore affirm…