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McKENZIE CHECK ADVANCE OF FLORIDA v. BETTS

No. SC11-514.

112 So.3d 1176 (2013)

McKENZIE CHECK ADVANCE OF FLORIDA, LLC, et al., Petitioners, v. Wendy BETTS, et al., Respondents.

Supreme Court of Florida.

April 11, 2013.

Attorney(s) appearing for the Case

Virginia B. Townes and Carrie Ann Wozniak of Akerman Senterfitt, Orlando, FL; Jaime A. Bianchi , David P. Draigh and Sheldon Philp of White & Case, LLP, Miami, FL and Lawrence Patrick Rochefort of Akerman Senterfitt, West Palm Beach, FL, for Petitioner McKenzie Check Advance of Florida, LLC.

Claudia Callaway of Katten, Muchin, Rosenman, LLP, Washington, DC, for Petitioners Steve A. McKenzie and Brenda G. Lawson.

Theodore Jon Leopold and Diana L. Martin of Leopold Kuvin, P.A., Palm Beach Gardens, FL, and F. Paul Bland, Jr. , Public Justice, Washington, DC, for Respondents.

Andrew J. Pincus and Archis A. Parasharami of Mayer, Brown, LLP, Washington, DC; Robin S. Conrad , National Chamber Litigation Center, Inc., Washington, DC; Caryn L. Bellus of Kubicki Draper, Miami, FL, for Amicus Curiae Chamber of Commerce of the United State of America.

PARIENTE, J.

The issue raised by the decision of the Fourth District Court of Appeal in McKenzie v. Betts, 55 So.3d 615 (Fla. 4th DCA 2011), is whether the class action waiver in the arbitration agreement in this case violates Florida public policy.1 After the Fourth District decided this case, concluding that the class action waiver violated public policy, and certified a question to be of great...

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