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Consumer Financial Products › Motion to Compel › Contract Terms

Orrick, Herrington & Sutcliffe LLP

District Court enforces arbitration in online lending platform dispute

Orrick, Herrington & Sutcliffe LLP on

On March 21, the U.S. District Court for the Eastern District of Pennsylvania filed a memorandum upholding a company’s requirement that a consumer’s claims be resolved in arbitration. In this case, the plaintiff, on behalf of...more

Payne & Fears

Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers

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The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time...more

Ballard Spahr LLP

Small business borrowers bring lawsuit alleging lender engaged in “rent-a-charter” scheme to make usurious loans

Ballard Spahr LLP on

A group of small businesses and their individual owners have filed a putative class action lawsuit in a New York federal district court against online lender Kabbage, Inc. that alleges Kabbage engaged in a “rent-a-charter”...more

Carlton Fields

Tenth Circuit Affirms Partial Enforcement of Arbitration Clause

Carlton Fields on

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

Carlton Fields

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

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In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity,...more

Carlton Fields

Eleventh Circuit Doubles Down On The Importance Of Selecting An Available Arbitration Forum

Carlton Fields on

The Eleventh Circuit affirmed a district court’s denial of a motion to compel arbitration on the grounds that the designated forum in the arbitration agreement was both unavailable and integral to the agreement. Appellee...more

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