News & Analysis as of

Motion to Compel Credit Agreements

Carlton Fields

Seventh Circuit Affirms Ruling Denying Motion to Compel Arbitration, Holding That Company Waived Right to Arbitrate

Carlton Fields on

GC Services Limited Partnership (“GC Services”), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith (“Smith”) that it would commence a collection...more

Carlton Fields

Court Upholds Class Waiver Arbitration Clause, Finding An Unaware Party Can Still Manifest Assent To Be Bound

Carlton Fields on

A federal court in Oregon granted a motion to compel arbitration based on a class waiver and arbitration provision in a credit agreement. The primary question of fact was whether the plaintiff had been read or had received...more

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