Arbitration In Federal Court

[Leadhead 11]

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?

 

 

[BV80 2,793]

@leadhead

 

What reason has the OC given for its refusal to arbitrate?

[Leadhead 11]

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. 

[debtzapper 1,274]

@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.

[debtzapper 1,274]

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/

[Leadhead 11]

But the claims I am alleging are federal in nature, so federal court is necessary. 

[debtzapper 1,274]

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

[debtzapper 1,274]

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 Code
• Notes
• Authorities (CFR)

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An 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

[debtzapper 1,274]

From 15 usc 1640e  TILA

 

 

 limitations on actions; State attorney general enforcement

Except 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 

[debtzapper 1,274]

http://federalpracticemanual.org/node/17

 

  2.9 state court jurisdiction over federal claims

 

updated 2013 by Jeffrey S. Gutman

In 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