“Compelling Arbitration: The Eleventh Circuit Court of Appeals Reverses and Remands a District Court Holding Denying Defendant’s Motion to Compel Arbitration in an FCRA Case”

Jonathan Turner, David M. Gettings & David N. Anthony of Troutman Pepper authored this article, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, Hearn presents a scenario where “the plaintiff obtained services from the defendant in 2016, and signed a subscriber agreement with an arbitration provision stating that ‘[a]ny dispute involving [the customer] and Comcast shall be resolved through individual arbitration.’ The plaintiff terminated his services in 2017, but subsequently called the defendant in 2019 to ‘inquire about pricing and obtaining services’ again.”

Reversing the district court, the Eleventh Circuit held that the arbitration provision was sufficiently brought to encompass claims arising out of this inquiry for renewed service made two years later.