34 results for 'cat:"Arbitration" AND cat:"Consumer Law"'.
J. Cartwright denies Citibank's motion to compel arbitration for the consumer's complaint alleging that the bank reported a debt to his account after he closed it. Neither the alleged re-opening of the consumer's account by unknown parties nor Citibank's failure to address it were reasonably foreseeable results of the consumer's contractual relationship with Citibank. The arbitration agreement for the closed account "cannot reasonably be construed to include future unknown accounts opened by third parties" without the consumer's permission. Furthermore, while the agreement covers "a previous related account," it does not reference that it covers future related accounts.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: May 13, 2024, Case #: 3:23cv5908, NOS: Consumer Credit - Other Suits, Categories: arbitration, Debt Collection, consumer Law
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: arbitration, Communications, consumer Law
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, consumer Law
[Consolidated.] J. Marbley grants the lender's motion to compel arbitration, ruling evidence indicates all the borrowers voluntarily signed the loan agreement, which included arbitration language in bold and capital lettering; therefore, the arbitration provision is valid and enforceable.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: April 10, 2024, Case #: 2:22cv4318, NOS: Other Contract - Contract, Categories: arbitration, consumer Law, Contract
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J. Weingart finds that trial court properly denied an e-commerce retailer's motion to compel arbitration of a consumer's claim that a device he bought online did not improve his sexual performance or stamina as advertised. The link to the website's terms of use was too small and inconspicuous to put the consumer on notice about an arbitration agreement. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: March 25, 2024, Case #: B323430, Categories: arbitration, consumer Law, False Advertising
J. Buchanan finds that the trial court properly denied a car manufacturer's motion to compel arbitration of a car buyer's lemon law claim. The manufacturer was not a party to the sales contract between the dealer and buyer containing the arbitration clause, so it cannot compel arbitration on the basis of collateral estoppel. And the dealership's provision of the manufacturer's warranty as part of the sale did not automatically incorporate the warranty into the sales contract between the dealer and buyer. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: March 15, 2024, Case #: D083006, Categories: arbitration, consumer Law, Warranty
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. Swain dismisses fraud claims against Wyndham Hotels stemming from alleged predatory tactics that induced elderly citizens to buy timeshare ownership interests. After buying the shares, the citizens found the properties unavailable on requested dates and were told they needed to pay more to upgrade their seniority. However, the claims against the hotel chain are subject to mandatory arbitration pursuant to the retail installment contract, so the complaint is dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Swain, Filed On: February 12, 2024, Case #: 1:22cv9700, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, consumer Law
J. Haight denies the solar panel company's motion to stay proceedings and compel arbitration, ruling the testimony of the 80-year-old buyers and their children requires the enforceability of the arbitration provision in the contract to be determined by a jury. The buyers were never told about a loan, only that solar panels would be installed at their home, and they were also never given a written contract.
Court: USDC Connecticut, Judge: Haight, Filed On: February 8, 2024, Case #: 3:21cv1020, NOS: Truth in Lending - Torts - Personal Property, Categories: arbitration, Fraud, consumer Law
J. Menetrez finds that the trial court properly refused to compel the arbitration of a minor's claims that the producer of the video game Apex Legends tricked players into buying cosmetic items, characters and other game-specific currency. The trial court had discretion to determine that the minor had disaffirmed the arbitration agreement along with all other contracts he signed when buying the game. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: January 17, 2024, Case #: E080414, Categories: arbitration, consumer Law, Juvenile Law
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. Stadtmueller orders arbitration between the car finance company and the consumer who defaulted on her car payments but then sued the company over what she says were illegal actions in the company's collections process. A prior state court lawsuit the company initiated to get a civil judgment against the consumer did not, as the consumer argues, waive the company's right to arbitration, and because the arbitration agreement is otherwise valid the company's motion to compel is granted and the consumer's lawsuit is dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: August 25, 2023, Case #: 2:23cv520, NOS: Consumer Credit - Other Suits, Categories: arbitration, consumer Law
J. Renner finds that the trial court erred in ordering the arbitration of a car buyer's lemon law and fraudulent inducement claims against the car manufacturer. The equitable estoppel doctrine cannot be used to apply an arbitration provision in the dealership sales contract to the car buyer's claims against the manufacturer, which was not a signatory to the sales contract. Reversed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: August 16, 2023, Case #: C096773, Categories: arbitration, consumer Law
J. Hamilton vacates a district court’s judgment against a litigant-consumer and in favor of PayPal, finding the lower court erred by deciding a disputed issue of fact that must be decided by a trier of fact. The case is returned to the district court for a determination on whether the litigant received notice of an amended user agreement from PayPal and implicitly agreed to the online payment company’s new arbitration clause. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 27, 2023, Case #: 22-2575, Categories: arbitration, consumer Law, Contract
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
J. White grants the online education company's motion to compel arbitration of the user's claims alleging that she was enrolled in an automatic e-textbook renewal program without her knowledge or express consent. The online platform's terms of use include an arbitration agreement which is sufficiently conspicuous to give users constructive notice, and the user unambiguously assented to the agreement by creating an account, despite her assertion that she never clicked a "create an account" button to do so.
Court: USDC Northern District of California, Judge: White, Filed On: July 25, 2023, Case #: 4:22cv9123, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, Fraud, consumer Law