Gibbs v. Firefighters Community Credit Union

Citations

• 177 N.E.3d 294
• 2021 Ohio 2679

Syllabus

Stay arbitration R.C. 2711.02(B) arbitration agreement contract de novo waiver class action informed consent notice change in terms insufficient meeting of the minds. Affirmed the trial court's denial of motion for stay pending arbitration pursuant to R.C. 2711.02(B). Because the credit union failed to provide sufficient notice of the change of terms to an account agreement that added an arbitration and waiver of class action relief provision, there was no meeting of the minds and no binding agreement to arbitrate. The email notice that was sent implied that members had already agreed to the changes to the terms of the account agreement and did not alert recipients to the addition of the arbitration provision or set forth any opt-out requirement. A party cannot be forced to arbitrate a dispute that he or she did not agree to arbitrate.