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Arbitration

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In Green Tree Servicing, LLC v. Brough, --- N.E.2d ----, 2010 WL 2894888 (Ind.App. 2010), the Indiana Court of Appeal required arbitration of a FCRA claim because of the arbitration clause in the consumer contract and notwithstanding the consumer’s discharge of the debt in bankruptcy.  The Court of Appeal held:   We begin by determining whether the parties agreed in… Read More

In Wold v. Dell Financial Services, L.P., 2009 WL 397235 (D.Minn. 2009), Judge Davis ordered a FCRA claim to arbitration due to an arbitration clause contained in Dell’s computer purchase agreement.    Wold argues that the arbitration clause at issue in this case is unconscionable because, if enforced, it would require him to take his federally-protected claims to arbitration rather… Read More

In Piccini v. Wells Fargo Auto Finance, Inc. 2009 WL 307276 (D.Ariz. 2009), Judge Campbell of the District Court of Arizona enforced Wells Fargo’s arbitration clause to cover credit reporting claims under FCRA.  Judge Campbell explained   Plaintiff does not dispute the validity of his agreement with Wells Fargo, nor does he contend that the arbitration clause is unenforceable. Dkt. #… Read More

In Meyer v. Sprint Spectrum, L.P. (2009) --- Cal.Rptr.3d ----, 2009 WL 197560, the California Supreme Court held that a CLRA plaintiff must have actually been damaged in order to maintain a CLRA claim.   The case arose from the plaintiffs' lawsuit against their cellular telephone company, alleging that its arbitration agreement was unconscionable, even though plaintiffs did not allege that… Read More

      Numerous California state and federal decisions discuss arbitration clauses.  But recently only a few federal court decisions had addressed the specific situation of whether FDCPA claims fall within or outside an arbitration agreement.  (E.g. Gerber v. Citigroup, Inc. 2008 WL 596112 (E.D.Cal.2008) (FDCPA claim not arbitratable because valid arbitration agreement between parties not found);  Tickanen v. Harris & Harris, Ltd., 461 F.3d… Read More

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