The panel: Judges Bea, Thapar (CA6), and Collins, with Judge Thapar writing the opinion.
Key highlight: “If any doubt remains, consider this. Only an interpretation that public injunctive relief remains available will render the arbitration provision ‘lawful’ and ‘capable of being carried into effect.’ Cal. Civ. Code § 1643. And only this interpretation facilitates arbitration.
Mitsubishi, 473 U.S. at 626. So both California law and the FAA tell us what to do next construe the Agreement to abide by
McGill and allow arbitration.”
Background: Plaintiff Marggieh DiCarlo took out a $500 loan through MoneyLion Plus, a program designed to help individuals build a positive credit history. She signed an agreement providing for the arbitration of any disputes. That provision expressly prohibited a plaintiff from “acting as a private attorney general,” but also authorized the arbitrator to “award all injunctive remedies available in an individual lawsuit.”�