Leadhead 11 Posted March 22, 2015 Report Share Posted March 22, 2015 I need to compel a CC company to arbitration, as we have a valid arbitration agreement in the card member agreement. However, the OC is refusing to do so. I've filed in JAMS, paid my fee and the OC is ignoring the demand. The issues involve TILA and FCRA matters, so it appears that I need to file what looks like a petition to compel arbitration in federal court, as federal would have subject matter jurisdiction over the claims. I'm familiar with the normal lawsuit procedure, file complaint, serve defendant, attend scheduling conference, discovery, etc. I've search quite a lot on the procedure involved but admit I'm a tad confused about what exactly encompasses a petition to compel arbitration. In other words, does anyone have a "guide" on exactly what needs to be done? Quote Link to post Share on other sites
BV80 2,793 Posted March 22, 2015 Report Share Posted March 22, 2015 @leadhead What reason has the OC given for its refusal to arbitrate? Quote Link to post Share on other sites
Leadhead 11 Posted March 22, 2015 Author Report Share Posted March 22, 2015 The OC hasn't given a reason;they've merely ignored my arbitration demand, which was sent CMRRR. JAMS sent me a letter that JAMS is closing the case, as the OC has failed to pay their necessary fees, pursuant to the OC's contract which states the will. Thus, I need to ask a federal court for an order to compel. Quote Link to post Share on other sites
debtzapper 1,274 Posted March 22, 2015 Report Share Posted March 22, 2015 @leadhead State courts also have jurisdiction to hear FCRA and TILA claims, but the Defendant would probably remove to fed crt. Then again, they might not. Also, if the do file a Notice to Remove, it must be done within 30 days of your action or it will be too late. Quote Link to post Share on other sites
debtzapper 1,274 Posted March 22, 2015 Report Share Posted March 22, 2015 http://codes.ohio.gov/orc/2711 Arbitration OH law firm discusses enforcing Arb Agreements in OH state courts http://businesslitigationinfo.com/business-litigation/archives/recent-ohio-decisions-regarding-the-enforcement-of-arbitration-agreements/ Quote Link to post Share on other sites
Leadhead 11 Posted March 24, 2015 Author Report Share Posted March 24, 2015 But the claims I am alleging are federal in nature, so federal court is necessary. Quote Link to post Share on other sites
debtzapper 1,274 Posted March 24, 2015 Report Share Posted March 24, 2015 This is a Google Scholar link to dozens of FCRA cases filed in OHIO state courts. https://scholar.google.com/scholar?q=fair%20credit%20reporting%20act&hl=en&as_sdt=4,36 A similar link to dozens of TILA cases filed in OHIO state courts https://scholar.google.com/scholar?q=truth%20in%20lending%20act&hl=en&as_sdt=4,36 Quote Link to post Share on other sites
debtzapper 1,274 Posted March 24, 2015 Report Share Posted March 24, 2015 15 usc 1681, FCRA 15 U.S. Code § 1681p - Jurisdiction of courts; limitation of actions Current through Pub. L. 113-296, except 113-287, 113-291, 113-295. (See Public Laws for the current Congress.) US CodeNotesAuthorities (CFR)prev | nextAn action to enforce any liability created under this subchapter may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of Quote Link to post Share on other sites
debtzapper 1,274 Posted March 24, 2015 Report Share Posted March 24, 2015 From 15 usc 1640e TILA limitations on actions; State attorney general enforcementExcept as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year Quote Link to post Share on other sites
debtzapper 1,274 Posted March 24, 2015 Report Share Posted March 24, 2015 http://federalpracticemanual.org/node/17 2.9 state court jurisdiction over federal claims updated 2013 by Jeffrey S. GutmanIn determining whether state courts are allowed to entertain jurisdiction over federally created causes of action, the Supreme Court has applied a presumption of concurrency./1/ Under this presumption, state courts may exercise jurisdiction over federally created causes of action as long as Congress has not explicitly or implicitly made federal court jurisdiction exclusive./2 Quote Link to post Share on other sites