6 results for 'cat:"Arbitration" AND cat:"Consumer Law" AND cat:"Class Action"'.
J. Fashing grants Wells Fargo's motion to compel arbitration, ruling the arbitration clause in the child support recipients' contract for a debit card is enforceable and requires their claims regarding unauthorized withdrawals to be settled via arbitration. However, the administrator of the support payment debit cards is not entitled to compel arbitration because the agreement on specifies the bank and excludes any other parties; therefore, the claims against the administrator will proceed.
Court: USDC New Mexico, Judge: Fashing, Filed On: March 12, 2024, Case #: 1:23cv202, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, consumer Law, class Action
J. Rochon denies Samsung's motion to dismiss claims alleging its Galaxy Z Fold3 smartphone with a foldable screen is not durable as advertised, but grants its motion to arbitrate as the phone user never opted out of the agreement. The arbitrator, not the court, must decide whether the arbitration agreement is unconscionable.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 14, 2023, Case #: 1:22cv10882, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, consumer Law, class Action
[Consolidated.] J. Xinis denies a loan company its motions to compel arbitration and to strike class allegations after two customers brought suit against it for consumer credit protections violations. The customers claim that the company offered credit cards to them, then worked with a third-party institution to offer the short-term unsecured credit, and then bought back the loans in order to obtain the payments. The company argues that the customers are subject to an arbitration provision in the agreement they signed. However, the provision states that the company can change any term in the agreement at any time. In effect, this means that the company has not agreed to any definite guarantees in return for the customers agreeing to accept binding arbitration instead of litigation. Therefore, the provision is unenforceable and the company has no standing for either of its motions.
Court: USDC Maryland, Judge: Xinis, Filed On: September 7, 2023, Case #: 8:22cv2001, NOS: Consumer Credit - Other Suits, Categories: arbitration, consumer Law, class Action
J. Peterson finds for the company overseeing a chain of home improvement stores in the consumer's proposed class action claiming it unlawfully charged a hidden $1.40 handling fee for items purchased online that were then picked up in a store. The company's renewed motion to compel arbitration of the consumer's unjust enrichment and consumer protection claims is granted, as the claims are covered by the broad language of the arbitration clause in the terms the consumer automatically agreed to by completing her purchase on the company's website, and the text and hyperlink at the bottom of the purchase page counts as giving reasonable notice of those terms. Arbitration is compelled, and the case is dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv444, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, consumer Law, class Action
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