David Johnson v. Keybank National Association

JULIE CARNES, Circuit Judge:

Plaintiff David Johnson filed a putative class-action suit against Defendant Key-Bank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the agreement that governs Johnson’s accounts with Key-Bank. KeyBank seeks to compel arbitration of Johnson’s substantive claims, while Johnson argues that the applicable…