Sprunk v. Prisma LLC

*788The primary issue presented in this appeal is whether a defendant in a putative class action can waive its right to compel arbitration against absent class members by deciding not to seek arbitration against the named plaintiff. In deciding that issue, we must also consider the scope of the "futility" rule, which excuses a party in some circumstances from seeking to enforce an arbitration right when the state of the law at the time would make the effort futile.

We agree with the trial court that, under the circumstances of this case, defendant and appellant Prisma LLC, doing business as Plan B…