Collection Company Cannot Invoke Arbitration Agreement Between Creditor And Debtor

Verizon engaged a collection company to pursue a debt owed by a customer. The collection company allegedly sent the debtor text messages that violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act, resulting in the debtor filing suit against the collection company. The collection company moved to compel arbitration, citing theContinue reading “Collection Company Cannot Invoke Arbitration Agreement Between Creditor And Debtor”

Law Firm Handbook Establishing An Arbitration Program Did Not Create Contractual Obligation To Arbitrate

The U.S. District Court for the Southern District of New York has rejected a law firm’s attempt to compel arbitration of former employees’ suit for wrongful termination, allegedly in retaliation for reporting their discovery of another employee overbilling a client. In Seltzer v. Clark Associates, LLC d/b/a “Clark & Fox,” the court held that provisionsContinue reading “Law Firm Handbook Establishing An Arbitration Program Did Not Create Contractual Obligation To Arbitrate”

Court Rules Against Mid-Arbitration Judicial Review

In Burgess v. Lithia Motors, Inc., the Supreme Court of Washington held that a court cannot judicially review an arbitrator’s decision during the pendency of the arbitration, but must await the conclusion of the matter. According to the court, “[o]nce arbitration begins under the FAA, the court’s authority to resolve the dispute is transferred toContinue reading “Court Rules Against Mid-Arbitration Judicial Review”

“Commercial Division Renders a Split Decision on a Petition to Stay an Arbitration”

Muhammed Faridi and Alvin Li of Patterson Belknap Webb & Tyler authored this article, published in JDSupra, discussing the New York court’s recent decision in Gol v. TNJ Holdings, Inc., Index No. 652304/2020, Doc. No. 75 (Sup. Ct., NY Cnty. Aug. 13, 2020).

Court Rejects Creditor’s Claim That Arbitration Agreement Was Signed

In Duncan v. TitleMax of Missouri, Inc., the Missouri Court of Appeals affirmed the denial of a motion to compel arbitration brought by a car lender against the grandfather of the borrower, rejecting the lender’s claim that the grandfather signed in the lender’s presence a co-borrower agreement with an arbitration provision.