Finally, even if the plan expressly agrees in the plan document to arbitrate § 502(a)(2) ERISA claims, the arbitration agreement still may not be enforced, as other courts have called Dorman into question more directly. In Smith v. Greatbanc Trust Co., the District Court for the Northern District of Illinois rejected Dorman 's holding, even though the plan agreed to arbitrate. 2020 WL 4926560, at *3–4 (N.D. Ill. Aug. 21, 2020). The court reasoned that failure to notify the former employee, who remained a participant in the plan, about changes to the plan was inconsistent with ERISA's notice requirements, and that, to the extent the arbitration agreement served as a "waiver of a party's right to pursue statutory remedies," the agreement was unenforceable. Id. at *4 (quoting Am. Express Co. v. Italian Colors Restaurant, 570 U.S. 228, 235–36 (2013)). The case is now pending appeal, but if the Seventh Circuit affirms the district court in Smith, it could create a split with the Ninth Circuit.