In re Checking Account Overdraft Litigation

ORDER DENYING MOTION TO COMPEL ARBITRATION

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court on Defendant RBC Bank (USA)’s Renewed Motion to Compel Arbitration (DE # 1929). Oral Argument was held on December 13, 2012.

I. Background.1

This Court previously denied a motion to compel arbitration filed by RBC Bank (USA) (“RBC”). (DE # 763). During the *1336pendency of RBC’s appeal of that Order, the parties agreed to vacate the Order and remand the case for this Court to consider the decision in AT & T Mobility LLC v. Concepcion, — U.S. -, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011).…