Court properly denied company's motion to compel arbitration of claims brought by plaintiffs, who were Sears credit card holders in a consolidated class action alleging that company unlawfully disclosed confidential data to third parties. Credit card agreement provided for arbitration upon election of either party. Court properly ruled that company knew of its right to arbitrate and could have asserted it for years after complaints were filed, but did not. Company failed to show it would have been futile to assert its right to arbitrate, and its substantial delay in demanding arbitration caused prejudice to plaintiffs.
(LAMPKIN and GORDON, concurring.)