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IN RE CHECKING ACCOUNT OVERDRAFT LITIGATION

No. 11-14318.

685 F.3d 1269 (2012)

In re CHECKING ACCOUNT OVERDRAFT LITIGATION MDL NO. 2036. Lacy Barras, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. Branch Banking and Trust Company, a federally chartered thrift institution, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 6, 2012.

Attorney(s) appearing for the Case

Robert Cecil Gilbert , Grossman Roth, PA, Coral Gables, FL, Gary Walker Jackson , Jackson & McGee, LLP, Charlotte, NC, G. Franklin Lemond, Jr. , Edward Adam Webb , Webb, Klase & Lemond, LLC, Atlanta, GA, Charles D. Marshall , Green Welling, PC, San Francisco, CA, Bruce Stephen Rogow , Bruce S. Rogow, PA, Fort Lauderdale, FL, for Plaintiff-Appellee.

William James Holley, II , Nancy H. Baughan , David B. Darden , Parker, Hudson, Rainer & Dobbs, LLP, Atlanta, GA, for Defendant-Appellant.

Before CARNES, BARKETT and BLACK, Circuit Judges.

BARKETT, Circuit Judge:

Branch Banking & Trust Company ("BB&T"), a commercial bank, appeals the denial of its motion to compel arbitration of a putative class action brought by Lacy Barras, a customer of BB&T. Barras alleged in her complaint on behalf of herself and the class she seeks to represent that BB&T charged her and charges others overdraft fees for payments from checking accounts even when the account contains sufficient funds to cover the...

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