In an apparent effort to clear up this ambiguity, the Supreme Court granted certiorari in American Express Company v. Italian Colors Restaurant, to consider whether the FAA "permits courts, invoking the 'federal substantive law of arbitrability,' to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law claim." This article provides a background of the recent jurisprudence on this issue, discusses the circuit court landscape, evaluates the likely outcome of Amex III, and assesses the viability of alternative strategies for challenging class action waivers that are likely to exist post-Amex III. Originally published in The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California on April 1, 2013.