“Penny Wise?: Eleventh Circuit Reminds That a TCPA Defendant Can Lose the Right to Arbitrate a Case Where it Refuses to Front Arbitration Costs”

The National Review published this article by Eric Troutman of Squire Patton Boggs, discussing the Eleventh Circuit’s ruling in Graulau v. Credit One Bank, N.A. Defendant had successfully enforced an arbitration clause, but then refused to front the arbitration costs after the plaintiff filed an in pauperis motion. Addressing this issue, the court ruled that “Liberally construing Ms. Graulau’s pro se filings, she has a non-frivolous argument that her arbitration agreement is unenforceable because arbitration would be prohibitively expensive for her.”