In Sorto v. American Honda Motor Co., Civ. No. 12-1377 (N.D. Ca.) Honda moved to compel binding arbitration of complaints for excess oil consumption on 2009-10 Honda Accords. But Honda was not the party to the arbitration provision at issue. The arbitration provision was between American Honda Finance Co. and the consumer.  Fortunately federal Judge Susan Illston saw through this subterfuge and held that "[American Honda Motor] as a third-party non-signatory may not compel arbitration under the terms of the contract, an equitable estoppel theory, or an agency theory ..."

According to Paul Bland, Senior Attorney, Public Justice, "It’s nice to see a court not re-write every provision of a contract in an effort to find some way of forcing a case into arbitration."