The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more
9/18/2019
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Court ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Credit Reports ,
Creditors ,
Dischargeable Debts ,
Fair Credit Reporting Act (FCRA) ,
Loan Agreements ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Regulatory Violations
The Fifth Circuit has joined a number of other circuits and concluded that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an...more
A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more
7/18/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Debt Collection ,
Debt Collectors ,
EFTA ,
Financial Services Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Putative Class Actions ,
Text Messages ,
Third-Party Service Provider ,
Unconscionable Contracts
The Eighth Circuit recently vacated a judgment confirming an arbitration award after concluding that the district court lacked personal jurisdiction over the defendant....more
The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more
The Tenth Circuit recently affirmed a district court’s decision partially compelling arbitration. Jesse Romero took out three title loans with TitleMax of New Mexico, Inc. Romero used his third loan to pay off his second loan...more