Eglin Federal Credit Union v. Baird

A credit union unilaterally added an arbitration provision and class action waiver to its member agreement and sought to compel arbitration of fee-related class claims. The First DCA held that a hyperlink to a quarterly newsletter buried in a routine e-statement email gave one member no reasonable notice (no agreement formed), while a properly mailed four-page notice with the provision and an opt-out form plus continued account use did establish assent by the other member. Nonetheless, the court affirmed denial of arbitration for both because the provision's language did not unequivocally state that it applied retroactively to previously accrued claims.

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