It is possible that their attorney committed an FDCPA violation by misrepresenting your possible payment. I am not sure of this, but their attorney did give you false information designed to influence your decisions.
The false information may well be due to ignorance rather than malice But then he may be misleading his client as well, convincing them that they can reimburse costs when they cannot
You might as well send off an email politely educating him as to his mistake. Quote the applicable portion of the agreement. See what happens.
There is a serious problem with letting him find out the hard way. His $ is not on the line. His client’s $ is. Quite likely he can rack up charges and when the client wonders where the reimbursement is, we’ll, oops, those arbitrators can be unpredictable, whatayagonnado?
Since your goal is to get as file a settlement as possible, having him aware of his error works to your advantage, unless he foolishly decides not to believe you or else he is unethically trying to rack up attorney fees.
On top of that, the arbitrator rules prevail, so that they would be liable for the unlikely second day of hearings as well
catlady22 was access PRA fees because contract stated "If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous.” In her case since She had received all the statements at her address for the amount PRA was suing for it was patently frivolous. IMO she could have appeal and won but it better in her situation to file for bankruptcy which she did. Somebody else got awarded arbitration fees but got them thrown out on appeal.
check the contract for what state law prevails (should be the one your using for arbitration) see if they can get attorney fees in that state or if agreement states they can recoup attorney fees.
check contract for clause giving arbitrator leeway in adding arbitration fees to award.
that said I am not aware of JAMS awarding Arbitration fees not saying it's not possible.
This is interesting. I have not heard anything from PRA regarding my letters - but when I checked my credit reports on the 3 CRA's, my PRA accounts state something like this:
Completed investigation of FCRA dispute-consumer disagreed; >PLACED FOR COLLECTION<
This came from Transunion - the other reports had verbiage that was similar. In my letter (seen above) I made an offer - but did not admit to it being my bill. Nothing really has changed - they were reporting every month - the drop off date is the same.
Maybe they are getting their ducks in a row before they mail me a response.
I am confused about attorney fees / arbitration costs as well, particularly with JAMS. The language makes it seem the consumer is only liable for the initial filing fee. What is the likelihood the consumer will be responsible for opposing party's arbitration costs in the event of unfavorable judgment?