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In Nettles v. Midland Funding LLC, No. 19-3327, 2020 U.S. App. LEXIS 40012 (7th Cir. Dec. 21, 2020), the Court of Appeals for the 7th Circuit declined to address arbitration of an FDCPA case because of lack of Art. III jurisdiction to start. Most of the briefing concerns the arbitration issue, but the parties also identify a possible problem with… Read More

In Johnson v. Santander Consumer USA Inc., 2015 WL 7567483, at *2-3 (D.Ariz., 2015), Judge Rayes ordered an FDCPA case to arbitration under a standard Arizona Automobile RISC. Both the RISC and the Amendment contain arbitration provisions that clearly and unmistakably delegate questions of arbitrability to the arbitrator. The RISC requires arbitration for any disputes “in contract, tort, statute or otherwise… Read More

In Jallo v. Midland Funding, LLC, 2014 WL 5810203 (S.D.Cal. 2014), Judge Benitez enforced an arbitration clause in a credit card agreement and ordered an FDCPA/Rosenthal Act class action to arbitration. The arbitration clause in dispute is broad. See Simula, Inc. v. Autolive, Inc., 175 F.3d 716, 720–21 (9th Cir.1999) (construing “all disputes arising in connection with” language as broad).… Read More

In Decker v. Advanced Call Center Technologies, LLC, 2014 WL 4976771 (W.D.Mich. 2014), Judge Quist entitled a Debt Collector accused of "Flat Rating" to enforce an Arbitration Clause in a Credit Card Agreement. The Court finds that there was a valid agreement to arbitrate. The Bank mailed Decker a copy of the Agreement with her credit card, and she accepted its terms by activating… Read More

In Fischer v. Rent-A-Center, Inc., 2014 WL 3729553 (E.D.Cal. 2014), Judge England ordered a TCPA and Rosenthal Act claim to Arbitration. Judge England found the TCPA claim within the scope of the Arbitration Agreement. Plaintiff opposes Defendant's Motion on the grounds that Defendant has not established that its repeated calls to Plaintiff were in any way related to the loan… Read More

In Delgado v. Progress Financial Co., 2014 WL 1756282 (E.D.Cal. 2014), Judge O’Neill ordered a Plaintiff’s TCPA and FDCPA claims to arbitration. Mr. Delgado does not dispute that he signed the Arbitration Agreement at the time he applied for a loan from Progreso Financiero; nor does he dispute the validity of the agreement. Doc. 14 at 2. Mr. Delgado argues,… Read More

In Laguilles v. Time Warner , the Appellate Division of the Los Angeles County Superior Court found that the Rosenthal Act's language allowing claims to be filed "in a court of competent jurisdiction" (Civ. Code 1788.30(f)) did not prohibit enforcement of an arbitration clause on the basis that arbitration would have resulted in waiver of a statutory right. Read More

In Ferrini v. Cambece, 2013 WL 2421717 (E.D.Cal. 2013), Judge Drozd ordered FDCPA/Rosenthal Act claims to arbitration under a cardmember agreement. The undersigned finds that the debt collection practices at issue relate to the card member agreement, that the broad language of the arbitration provision found in that agreement provides that plaintiff's claims are subject to arbitration, and that there… Read More

In Coppock v. Citigroup, Inc., 2013 WL 1192632 (W.D.Wash. 2013), Judge Coughenour granted a Petition to Compel Arbitration in a TCPA/FDCPA class action. The arbitration agreement clearly covers the TCPA and FDCPA claims. Citi made the calls to collect a debt it thought Coppock owed on her credit card account. Her claims based on those calls are thus “[c]laims relating… Read More