Re: Arbitration Award

Posted by Why Chat (209.240.198.61) on October 18, 2003 at 02:41:21:

In Reply to: Arbitration Award posted by TheTruth on October 17, 2003 at 23:38:51:

To the best of my knowledge, the only"successful" use of compulsary arbitration in debt collection has been intimidation.

The following cases are a sample of what happens when someone fights these tactics.
The arbitration clause in the finance agreement failed to provide the minimum guarantees required to ensure that a debtor could use the statutory rights provided by TILA and so the arbitration clause was unenforceable. When an arbitration clause has provisions that defeat the remedial purpose of a statute such as TILA, the clause is not enforceable. Citation Randolph v. Green Tree Financial Corp., 178 F.3d 1149 (11th Cir., 1999)

ARBITRATION
– Balancing test must be used before lifting automatic stay to enforcement of clause (D. Del.), 783
– Changes in credit card contract requiring only arbitration not binding where card use discontinued (Cal. Ct. App.), 67

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