9 results for 'cat:"Arbitration" AND cat:"Debt Collection"'.
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. Gladwin finds the circuit court improperly denied the assignee of the vehicle purchase contract's motion to compel arbitration. The purchaser defaulted on payment and the assignee repossessed the vehicle. The purchaser sought class certification for deceptive trade practices claims arising from the assignee's requiring her to pay repossession report fees to law enforcement agencies. The arbitration agreement is valid and enforceable under the Automotive Dealer's Anti-Coercion Act, satisfying the mutuality-of-obligations element of a binding contract. The assignee did not waive its right to demand arbitration in the purported class action by filing a separate action for a deficiency judgment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-756, Categories: arbitration, debt Collection, Contract
J. Nashold finds the circuit court erred by not deciding whether U.S. Bank had waived its right to arbitration by its conduct through a year of litigating with the consumer over his unpaid debt and instead ordering the issue to be resolved in arbitration. Given the weight of case law from other jurisdictions that is consistent with Wisconsin law, courts must decide the "waiver-by-litigation-conduct" issue unless given parties' arbitration agreement explicitly requires otherwise. The arbitration agreement pertaining to U.S. Bank and the consumer's dispute does not have anything that overcomes the presumption of the court handling the issue, so the case is remanded for the circuit court to decide it. Reversed.
Court: Wisconsin Court of Appeals, Judge: Nashold, Filed On: January 25, 2024, Case #: 2022AP000920, Categories: arbitration, debt Collection
J. Worthen finds the trial court properly confirmed the arbitration award in favor of the medical center in this suit brought by the law firm contracted to collect on unpaid patient accounts. The medical center sold its assets, including the collection contracts, which were not assumed by the purchaser. The purchaser owned the account database and denied the law firm access. The parties agreed to arbitration and the law firm was granted a fee upon account collection, but not upon their sale. The award accorded with the arbitration agreement and the law firm fails to establish that the arbitrator exceeded his powers. There are no grounds for vacatur. The law firm offers no evidence of data falsification. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00124-CV, Categories: arbitration, debt Collection, Contract
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J. Engelmayer grants the post-default consumer debt purchaser's motion to compel arbitration in this suit arising from the debtor's allegations that it falsely claimed to have purchased debt he incurred on a personal credit card and is attempting to collect on it illegally. The credit card agreement's arbitration provision clearly and explicitly delegates to an arbitrator. Courts in the southern district of New York have repeatedly found FDCPA claims to be within the scope of identical arbitration clauses.
Court: USDC Southern District of New York, Judge: Engelmayer , Filed On: June 30, 2023, Case #: 1:22cv1348, NOS: Consumer Credit - Other Suits, Categories: arbitration, debt Collection
J. Armstead reverses the lower court’s order denying the financing company’s motion to compel arbitration after its customer filed a class-action counterclaim challenging the company’s practices in their suit to collect the unpaid balance on a retail installment contract for a Lincoln MKX. Based on the customer’s own admission, the retail installment contract is authentic, the court finds the judge erred when he determined the financing company “failed to meet this light evidentiary burden.” Remanded.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: May 30, 2023, Case #: 22-0007, Categories: arbitration, debt Collection, Class Action