In Ross v. Bank of Am., N.A., No. 06-4755, 2008 WL 1836640 (2d Cir. Apr. 25, 2008), plaintiffs had alleged that the standard arbitration clauses  in their credit card agreements with several issuers was the product of a conspiracy in violation of the Section 1 of the Sherman Act.  The district court held that plaintiffs had no Article 3 standing because they had not yet initiated a dispute that triggered arbitration.  The Second Circuit reversed holding that the provision in their agreements alone was sufficient to confer standing.