Burgardt

BACKGROUND

On September 3, 2019, Burgardt filed a putative class action complaint against Golden 1. Burgardt alleged he brought this action for himself and others similarly situated with Golden 1 checking accounts to remedy Golden 1’s “unlawful assessment and collection of multiple insufficient fund fees for the same debit transaction . . . .” Burgardt alleged he used his debit card to pay a Sprint charge of $67.78. Golden 1 determined that his account did not have sufficient funds and charged him an insufficient funds fee of $27.50. Five days later, Golden 1 charged another $27.50 for the same item. Burgardt alleged claims for breach of contract, breach of the implied covenant of good faith and fair dealing, unfair competition (Bus. & Prof. Code, § 17200 et seq.), violation of the Consumers Legal Remedies Act (Civ. Code, § 1761, subd. (e)), unjust enrichment, and money had and received. On January 10, 2020, Golden 1 moved to compel arbitration and stay the action pending arbitration under the Federal Arbitration Act (9 U.S.C. §§ 2-4). Golden 1 contended that Burgardt “agreed to the Golden 1 arbitration agreement when he had notice of and an opportunity to review and opt out of…