Tag Archives: Arbitration

A California Appeals Court has affirmed a lower court’s ruling denying a defendant’s motion to compel arbitration in a Rosenthal Fair Debt Collection Practices Act case, after a lower court determined the defendant did not meet its burden of proving the existence of an arbitration agreement between the original creditor …

It is not the job of a Court to determine whether a matter needs to be arbitrated or not — it is the job of an arbitrator to do that, according to the Court of Appeals for the Third Circuit, which overturned a lower court’s denial of a motion to …

A bill that would ban forced arbitration clauses in employment, consumer, civil rights, and antitrust cases passed the House of Representatives yesterday and is now headed to the Senate for its consideration. The bill, H.R. 963, the Forced Arbitration Injustice Repeal Act of 2022, or FAIR Act, passed by a …

A District Court judge in New Jersey has granted a credit card company’s petition to confirm an arbitration award in the amount of $286,064.62 against an individual who had accused the company of violating the Telephone Consumer Protection Act by placing hundreds of debt collection calls to his phone without …

Filing a collection lawsuit against an individual does not waive the arbitration clause in an underlying credit agreement, ruled a District Court judge in Texas, who has granted a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case. A copy of the ruling in the case …

Once a customer, always a customer, the Eleventh Circuit Court of Appeals has ruled in reversing a lower court’s denial to compel arbitration in a Fair Credit Reporting Act case, determining that the defendant was not violating the law when it accessed a former customer’s credit report when he called …

The Court of Appeals for the Third Circuit has reversed the dismissal of a lawsuit filed by an individual against the consumer rights law firm she hired to help repair her credit that accused the firm of engaging in racketeering, consumer fraud, and unlawful debt adjustment practices, ruling that the …