Posts in Arbitration.

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016)

Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs' cell phones to collect debt owed on the husband's account after Plaintiffs purportedly revoked consent to be contacted. Defendant filed a Motion to Compel Arbitration, contending that Plaintiffs' claims had to be arbitrated on an individual, non-class basis. At issue were four credit card accounts, three of which belonged to the husband, one of which belonged to the wife and all of which ...

Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) Before the Court was Defendant's Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their TCPA claims were not subject to arbitration provisions found in various loan documents executed in connection with the subject debt and other account relationships with Defendant. It was undisputed, however, that the arbitration provisions contained a delegation clause vesting determinations of arbitrability with the arbitrator, not the court. Granting the ...

Posted in: Arbitration, Florida
Laverne v. Carr, 15-cv-693 (SAS) (S.D.N.Y. Dec. 23, 2015) Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a "big box" electronic store card, which the company purchased from another entity. The company moved to compel arbitration. Granting the Motion to Compel Arbitration, the Court stated:
"Plaintiff's claim clearly falls within the scope of the Card Agreement's arbitration clause, which provides that 'all Claims are subject to ...
Posted in: Arbitration, New York

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