Thomas2

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About Thomas2

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  1. 2017 Larson vs. Citibank "An illustration is helpful. The parties do not dispute that, if Johnson chose to arbitrate via JAMS, the JAMS Consumer Arbitration Policy that became effective in July 2009 would apply.14 That policy articulates the following “minimum standard of fairness”: “[T]he only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.” In fact, JAMS will not administer any consumer arbitration unless fees are allocated in accordance with this standard. The 2009 Arbitration Provision provides contact information for each arbitral forum so that consumers can access and read rules like this one before they decide where to bring their claims. Thus, had Johnson pursued his claim against KeyBank in arbitration under the applicable JAMS rules, he would have been required to pay only $150: the $250 consumer filing fee collected by JAMS, less the $100 reimbursement from KeyBank to which he is entitled under the Arbitration Provision. This is a lesser financial outlay than the $350 he was required to pay to file a civil action in the Western District of Washington. In short, the cost of using the JAMS arbitral forum is absolutely capped at the initial filing fee, as JAMS rules shield consumers entirely from “all other costs” of arbitration, including the arbitrator’s professional fees. Such costs would be borne exclusively by KeyBank."
  2. You & several others have argued in this thread that the rules are "unclear". The ruling by the panel states that they are crystal clear. The JAMS CMS applies to all cases & it supersedes anything that might contradict it in the CMA. The consumer is only liable for the $250.00 filing fee. Period. The panel made it very clear that the JAMS CMS does tell arbitrators exactly what to do & that this guy I had violated them. I am sorry but I argued from the start that it was crystal clear, the 11th Circuit said it was crystal clear, & JAMS confirmed it.
  3. They are thoroughly unpleasant to deal with. That's all I will say on that.
  4. I don't disagree. It is good news for me & I do think that JAMS will pay more attention with regards to the CMS as well. I made overtures. They were rejected at every turn.
  5. The Award makes clear the first arbitrator went against JAMS own rules. I am looking into a challenge based on #2 & #4. I realize it is difficult to prove but I do have evidence.
  6. That I don't know. Sorry. Are these usually available or completely private?
  7. Even though I will still need to work out the final options on the amount that is still owed whether through a further court challenge, being "judgment proof", or even BK, I consider this appeal a win. The amount of the cost shifting was extremely high & that was vacated.
  8. I find it hard to believe that JAMS would state what was stated & then change it for another consumer arbitration.
  9. It lays to rest I believe the erroneous belief that they can recoup those fees from either JAMS or AAA in consumer arbitration. In this regards, no matter what is the final end point for my particular case, it is good news for consumers.
  10. Are you in Arizona? I have already started exploring options which I doubt I will share in the public forum.
  11. The original case was closed. I presume then you are saying they are going to file to reopen it. In my case, there was obvious bias on the part of the original arbitrator. I plan to challenge the judgment on that basis given the clear wording of the Appeal's panel. Well, bluntly, it is not over until a judgment is confirmed. It has not yet been so I will continue to explore my options. I was awarded by the Appeals panel fines per violations so that mitigates the original amount. I will explore settling with them & see if they are willing now. This wasn't a bluff on my part.
  12. What would be the next step for challenging the award in local court? The original case was adjudicated, dismissed without prejudice. Will they reopen this one? Will they do another? What time limits am I under? Should I explore a possible settlement at this time?
  13. I finally have an outcome. The Appeal was granted & due to the current circumstances was done via a series of arguments & counter-arguments. The Award just came through. The Appeals panel accepted the original arbitrator's award for both parties, & they vacated the fees/costs. They clearly stated that this goes against JAMS CMS & all of the consumer policies. The original arbitrator erred in his decision. So this ruling does affirm that the OC CMS does not take precedent over the JAMS CMS & that cost shifting is against JAMS consumer policies.