Five putative class actions alleged that Wells Fargo and Wachovia unlawfully charged checking-account overdraft fees under agreements requiring individual arbitration. After the Eleventh Circuit held in Garcia that Wells Fargo waived arbitration against the named plaintiffs, Wells Fargo reserved its right to seek arbitration against unnamed class members if a class were certified. Before deciding class certification, the district court denied Wells Fargo’s conditional motions to compel those absent members to arbitrate. The Eleventh Circuit held that the district court lacked jurisdiction to decide the issue because no class had yet been certified. Until certification, the unnamed members were only hypothetical participants, their claims were not before the court, and a ruling about future arbitration obligations would be an advisory opinion. The court also held that the named plaintiffs lacked Article III standing to defend the district court’s provisional ruling on behalf of absent members: they had already obtained the relief they sought for their own claims and had no personal stake in whether Wells Fargo could later compel others to arbitrate. The court vacated the order and remanded for further proceedings.