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District Court (Mo.) Says FTC Holder Rule Swings Both Ways; Auto Finance Company Can Enforce Arbitration Clause in RISC

by Scott J. Hyman |

In Henry v. Vantage Credit Union, No. 4:20-cv-01865-SRC, 2021 U.S. Dist. LEXIS 101571 (E.D. Mo. May 28, 2021), Judge Clark granted an auto finance company’s motion to compel arbitration. As stated above, state law governs the validity of an arbitration agreement and Henry's argument has been explicitly rejected in Missouri. See Boulds v. Chase Auto Finance Corp., 266 S.W.3d 847… Read More

District Court (Cal.) Orders FCRA Claim Against Automobile Lender to Arbitration

by Scott J. Hyman |

In Camarillo v. Balboa Thrift & Loan Ass'n, No. 3:20-cv-00913-BEN-BLM, 2021 U.S. Dist. LEXIS 22351 (S.D. Cal. Feb. 4, 2021), Judge Benitez ordered an FCRA claim to arbitration. In the present case, Plaintiff never argues that the terms of the RISC were substantively or procedurally unconscionable. Reply at 13:11-12. To the extent she may try to advance such arguments now,… Read More