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Arbitration

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In Maldonado v. Fast Auto Loans, No. G058645, 2021 Cal. App. Unpub. LEXIS 138 (Jan. 11, 2021), the Court of Appeal in an unpublished decision found that an automobile title loan lender could not enforce its arbitration clause.  The trial court proceedings were as follows: Relevant to this appeal, paragraph 14(d) stated the parties must arbitrate any claim (with a… Read More

In I.C. v. Zynga Inc., No. 20-cv-01539-YGR, 2021 U.S. Dist. LEXIS 2227 (N.D. Cal. Jan. 6, 2021), Judge Rogers held that the defendant was entitled to limited discovery from the class representatives to obtain information to bring a proper Petition to Compel Arbitration. Currently pending in each of the captioned cases is defendant Zynga Inc.'s motion to compel arbitration or, in… Read More

In In re StockX Customer Data Sec. Breach Litig., No. 19-12441, 2020 U.S. Dist. LEXIS 241178 (E.D. Mich. Dec. 23, 2020), Judge Roberts ordered the class representative’s claims to arbitration, despite the fact that they were minors when they signed the Terms of Service containing the Arbitration Clause. This action arises from a data breach to StockX's system which occurred… Read More

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 Barbosa v. Midland Credit Mgmt., No. 19-1896, 2020 U.S. App. LEXIS 37174 (1st Cir. Nov. 25, 2020), the First Circuit Court of Appeal affirmed referring a matter to arbitration. A resident of Massachusetts, Barbosa opened a credit card account with Barclays Bank Delaware ("Barclays") in April 2011. The last payment she made on the account was in November 2012.… Read More

In Marchetti v. Ford of Simi Valley, No. B297026, 2020 Cal. App. Unpub. LEXIS 7639 (Nov. 19, 2020), in an unpublished decision, ordered a case to arbitration under a RISC despite the Customers’ payment of full price and not financing the purchase.  The Court of Appeal found an assent to the arbitration agreement despite no financing taking place. The Marchettis… Read More

In Stover v. Experian Holdings, Inc., No. 19-55204, 2020 U.S. App. LEXIS 33176 (9th Cir. Oct. 21, 2020), the Court of Appeals for the Ninth Circuit affirmed a district court’s arbitration order. Rachel Stover appeals the district court's order compelling arbitration of her claims based on her purchase of the Experian Credit Score subscription service in 2014. Two versions of… Read More

In Mey v. DIRECTV, LLC, No. 18-1534, 2020 U.S. App. LEXIS 24993 (4th Cir. Aug. 7, 2020), the Court of Appeals for the 4th Circuit enforced an arbitration clause in a TCPA class action.  DIRECTTV, who was an affiliate of AT&T, was entitled to enforce the agreement. As an initial matter, we conclude—as the district court appears to have acknowledged… Read More

In Newger v. First Contact, No. 1:20-cv-00039-SNLJ, 2020 U.S. Dist. LEXIS 107348 (E.D. Mo. June 18, 2020), the District Court found that an arbitration award in favor of a consumer’s creditor could be used by the debt collector to estop the consumer from bringing new claims. In this case, there is no serious dispute that the arbitral award dispensed of… Read More

In Hill v. CAG2 of Tuscaloosa, LLC, No. 7:19-cv-02044-LSC, 2020 U.S. Dist. LEXIS 104442 (N.D. Ala. June 15, 2020), Judge Coogler held that a car dealer was stuck with an adverse arbitration award. The facts were as follows: On January 9, 2019, Plaintiffs filed their Demand for Arbitration against Carlock, alleging violations of the Truth in Lending Act, 15 U.S.C.… Read More

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