Case Explained: JOSHUA HARRIS and DONITA OLDS v. W6LS, INC., doing business as WithU and WithU Loans, and CALIBER FINANCIAL SERVICES, INC

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-06-05 The seventh-circuit denied the petition for rehearing and rehearing en banc filed by the defendants-appellants. The court stated that no judge in active service requested a vote on the petition, and all members of the original panel voted to deny the request while issuing an amended opinion. The amendment clarified that the court affirmed the district court’s judgment on a ground not relied upon by the lower court but argued by the parties in supplemental briefing: contract formation regarding the arbitration and delegation provisions of the Loan Agreements. The court noted that while the application of the prospective waiver doctrine to state statutory rights remains an open question, formation is a clear prerequisite for delegation and provides a narrower path to resolving the case. Consequently, the petition is denied, and the judgment stands as amended on the basis of contract formation rather than the district court’s sole reliance on prospective waiver. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.