News & Analysis as of

Financial Services Industry Fair Debt Collection Practices Act Motion to Compel

Orrick, Herrington & Sutcliffe LLP

Illinois appeals court rejects arbitration in FDCPA class action

On August 27, an Illinois appellate court affirmed a trial court’s denial of a motion to compel arbitration in an FDCPA class action. The case involved a 2022 collection email about a charged-off account originally opened...more

McGlinchey Stafford

Litigation Byte (September Edition)

McGlinchey Stafford on

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

Carlton Fields

Seventh Circuit Affirms Ruling Denying Motion to Compel Arbitration, Holding That Company Waived Right to Arbitrate

Carlton Fields on

GC Services Limited Partnership (“GC Services”), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith (“Smith”) that it would commence a collection...more

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