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Federal Arbitration Act › Debt Collection › Arbitration Agreements

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Kilpatrick

Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court

Kilpatrick on

A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel arbitration of a class action had waived the right to arbitrate by previously...more

Troutman Pepper Locke

Fourth Circuit Holds Filing a Time-Barred Collections Lawsuit Waives Right to Arbitrate

Troutman Pepper Locke on

After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Am I Bound By An Arbitration Agreement I Did Not Sign? Volume 4, Issue 13

McGlinchey Stafford on

TCPA Government-Debt Exception- Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020) The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the...more

Carlton Fields

Sixth Circuit Finds District Court Erred In Ruling On Arbitration Waiver Issue Where Issues As To Arbitrability Were Reserved For...

Carlton Fields on

The Plaintiff, Hilton, a computer purchaser, entered into a repayment agreement with Dell Financial Services, LLC, which later sold the debt to Midland Funding, to purchase a Dell computer on credit. The underlying issue in...more

Morrison & Foerster LLP

Financial Services Report, Summer 2015

Morrison & Foerster LLP on

In This Issue: - Arbitration Report - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report -...more

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