Jump to content

Discover trying to pull my consumer law violation case out of Federal Court into arbitration


yescats
 Share

Recommended Posts

’m presently using a lawyer to sue Discover in Federal court for consumer law violations but they are trying to compel arbitration in compliance with the credit card agreement. Is there any valid argument or case law we can use to keep it in Federal Court?

Initially they sued me in County court but I pulled it into JAMS arbitration. This was before I decided to sue for consumer law violations. So now I can’t exactly use the argument that THEY opted to use County court over arbitration now. At present I'm suing them in JAMS as well as Federal Court for differing violations.

Any ideas?

BTW, sorry for the crosspost. Not sure if this belongs here or the arbitration forum being that my case is in Federal Court right now.

Link to comment
Share on other sites

13 hours ago, yescats said:

Is there any valid argument or case law we can use to keep it in Federal Court?

After you compelled them to arbitration in their lawsuit against you?  No.  Did you not see this coming?

13 hours ago, yescats said:

Any ideas?

Same one that the attorney, others, and I told you the first time you put up multiple posts about this situation:  SETTLE.  Discover has called your bluff and is going to take this ALL the way.  My prediction is that if the motion to compel arbitration in your claim against them is upheld then your attorney will walk away because those lawyers are looking for the payoff not the long fight and arbitration doesn't allow for awarding of attorney fees so you would likely have to pay him to continue the arbitration fight or do it yourself.

Link to comment
Share on other sites

@yescats

Well, what you should have  done initially was arbitrate  their lawsuit against you and also included your FDCPA claims for arbitration.  But the law is on  their side at this point.  

Unfortunately, the fed courts have held that credit card companies, per the card agreement, have the right to sue you in court to collect,  but also per the agreement  if you sue them , they have the right to insist that your claim be arbitrated.  However,  if you have STRONG FCCPA or TCPA  claims you may prevail in arbitration.  I know a well-known TCPA plaintiff who has done that on a number of occasions with a lawyer.    But most lawyers don't like arbitration, so unless you want to do it yourself,  you may have some persuading to do with your lawyer.

But also read this link, even though it mostly pertains to JDBs and you are dealing with an Original Creditor, which makes it more difficult.

https://library.nclc.org/new-developments-limit-arbitration-fdcpa-other-claims-against-debt-buyers-and-collectors

Link to comment
Share on other sites

On 12/24/2016 at 5:46 PM, debtzapper said:

@yescats

Well, what you should have  done initially was arbitrate  their lawsuit against you and also included your FDCPA claims for arbitration.  But the law is on  their side at this point.  

Unfortunately, the fed courts have held that credit card companies, per the card agreement, have the right to sue you in court to collect,  but also per the agreement  if you sue them , they have the right to insist that your claim be arbitrated.  However,  if you have STRONG FCCPA or TCPA  claims you may prevail in arbitration.  I know a well-known TCPA plaintiff who has done that on a number of occasions with a lawyer.    But most lawyers don't like arbitration, so unless you want to do it yourself,  you may have some persuading to do with your lawyer.

But also read this link, even though it mostly pertains to JDBs and you are dealing with an Original Creditor, which makes it more difficult.

https://library.nclc.org/new-developments-limit-arbitration-fdcpa-other-claims-against-debt-buyers-and-collectors

 

My lawyer has no problem with going to arbitration. But they feel our chances are better in Federal Court. Im also trying to find out if AAA or JAMS would be more advantageous in a case like this?

Link to comment
Share on other sites

On 12/24/2016 at 5:46 PM, debtzapper said:

@yescats

Well, what you should have  done initially was arbitrate  their lawsuit against you and also included your FDCPA claims for arbitration.  But the law is on  their side at this point.  

Unfortunately, the fed courts have held that credit card companies, per the card agreement, have the right to sue you in court to collect,  but also per the agreement  if you sue them , they have the right to insist that your claim be arbitrated.  However,  if you have STRONG FCCPA or TCPA  claims you may prevail in arbitration.  I know a well-known TCPA plaintiff who has done that on a number of occasions with a lawyer.    But most lawyers don't like arbitration, so unless you want to do it yourself,  you may have some persuading to do with your lawyer.

But also read this link, even though it mostly pertains to JDBs and you are dealing with an Original Creditor, which makes it more difficult.

https://library.nclc.org/new-developments-limit-arbitration-fdcpa-other-claims-against-debt-buyers-and-collectors

Why would I want to arbitrate Consumer Law violations? Why do you feel that's better than Federal Court?

Link to comment
Share on other sites

On 12/25/2016 at 10:07 PM, yescats said:

My lawyer has no problem with going to arbitration

Your lawyer has no idea how to employ the cost strategy that makes arbitration useful for consumers in these situations.  Hopefully your contract with your lawyer states that you are not responsible for any fees if they lose for any reason.

If this were me, with a pending case already in JAMS due to an MTC, I would have just simply filed a new case in JAMS on my own for the FDCPA and state law violations.  Your attorney is likely going to derail a big advantage you could have had on dealing with the debt case against you too.

If this were me, I would drop my attorney and pursue JAMS myself and utilize the regular strategies of holding them to the letter of the consumer rules and asking for as many hearings as possible when the rules are not adhered to.

  • Like 1
Link to comment
Share on other sites

On 12/27/2016 at 8:41 AM, fisthardcheese said:

Your lawyer has no idea how to employ the cost strategy that makes arbitration useful for consumers in these situations.  Hopefully your contract with your lawyer states that you are not responsible for any fees if they lose for any reason.

If this were me, with a pending case already in JAMS due to an MTC, I would have just simply filed a new case in JAMS on my own for the FDCPA and state law violations.  Your attorney is likely going to derail a big advantage you could have had on dealing with the debt case against you too.

If this were me, I would drop my attorney and pursue JAMS myself and utilize the regular strategies of holding them to the letter of the consumer rules and asking for as many hearings as possible when the rules are not adhered to.

I don't think they consolidate cases in arbitration unless I agree. Should I keep the two cases separate if possible?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.