News & Analysis as of

Credit Cards Consumer Contracts

Carlton Fields

District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”

Carlton Fields on

In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more

Mintz - Arbitration, Mediation, ADR...

The Right to Compel Arbitration Under the FAA Can Be Overridden by Another Federal Statute

The Federal Arbitration Act (“FAA”) reflects a strong federal policy in favor of arbitration. In extraordinary cases, however, a dispute that otherwise would be arbitrable under the FAA could be rendered non-arbitrable by...more

Ballard Spahr LLP

Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules

Ballard Spahr LLP on

A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more

Ballard Spahr LLP

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

Holland & Knight LLP

Controversial CFPB Rule Exposes Financial Services Companies to Greater Class Action Risk

Holland & Knight LLP on

Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers into arbitration to avoid class action...more

Sheppard Mullin Richter & Hampton LLP

Dancing On Their Own: The California Supreme Court’s Decision in McGill v. Citibank, N.A. that Class Action Waivers Do Not Apply...

On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the Federal Arbitration Act...more

Burr & Forman

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Burr & Forman on

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...more

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