Melissa Ransom v. VyStar Credit Union

── Melissa Ransom v. VyStar Credit Union ── Case No.: 25-10487 Court: Court of Appeals for the Eleventh Circuit Date: March 10, 2026 Category: NEW USCA11 Case: 25-10487 Document: 36-1 Date Filed: 03/10/2026 Page: 1 of 10 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10487 Non-Argument Calendar ____________________ MELISSA RANSOM, Individually and on behalf of all others similarly situated, ALL JAKD UP MOTORSPORTS, INC., Plaintiffs-Appellees, SHANTA MERRELL, Individually and on behalf of all others similarly situated, Plaintiff, versus VYSTAR CREDIT UNION, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:23-cv-00461-TJC-PDB ____________________ Before ROSENBAUM, NEWSOM, and BRASHER, Circuit Judges. USCA11 Case: 25-10487 Document: 36-1 Date Filed: 03/10/2026 Page: 2 of 10 2 Opinion of the Court 25-10487 PER CURIAM: Defendant VyStar Credit Union appeals the district court’s refusal to compel arbitration based on its determination that no ar- bitration agreement existed. See 9 U.S.C. § 16. VyStar seeks to compel arbitration of claims brought by Plaintiff members Melissa Ransom and All Jakd Up Motorsports, Inc., in a putative class-ac- tion complaint alleging that VyStar had breached its contracts and unjustly enriched itself through its overdraft fee policies, and that these practices violated Regulation E of the Electronic Fund Trans- fers Act. Because Plaintiffs disputed that they had agreed to arbitrate, the district court held a bench trial to determine whether an arbi- tration agreement existed. After the trial, the court concluded that VyStar had failed to prove the formation of a valid arbitration agreement under Florida state law. On appeal, VyStar maintains that the district court got it wrong for several reasons. But we are not persuaded, so we affirm. I. The district court made several factual findings. Those find- ings are not disputed, so we summarize them here. When Plaintiffs opened their personal (Ransom) or business (All Jakd Up) deposit accounts with VyStar, the relevant Member- ship Agreements did not contain any terms relating to arbitration or waiver of class remedies. Still, the Agreements provided that they “may be amended from time-to-time,” and VyStar periodi- cally changed terms. VyStar’s practice was to provide notice of USCA11 Case: 25-10487 Document: 36-1 Date Filed: 03/10/2026 Page: 3 of 10 25-10487 Opinion of the Court 3 changes to the Agreements through attachments to the members’ account statements. On July 1, 2021, VyStar unilaterally amended the Member- ship Agreements to include a new “Arbitration Provision and Class Action Waiver” (“Arbitration Provision”s), which required binding individual arbitration for any account-related disputes with VyStar raised after that date. VyStar attached a notice of this change in terms (“Arbitration CIT” or “CIT”)