> However, it is unclear whether a class containing members bound by arbitration agreements can be certified. At the same time, the broad conception of statutor

> However, it is unclear whether a class containing members bound by arbitration agreements can be certified. At the same time, the broad conception of statutory standing under the Unruh Act would be much less effective as a deterrent if class certification were denied based on the inclusion of class members who have signed arbitration agreements. While the White court declined to address the class certification issue, similar classes containing members bound by arbitration agreements have been certified in California federal district court cases against Uber and Toyota. This is very interesting to me. This case seems to (or at least might, once it’s fully litigated) further open the door to class action led by a plaintiff who is not bound under an arbitration agreement, but with the class still representing members who are bound under arbitration agreements.