fisthardcheese

Arbitration Overview and Strategy (2018 - Most Up To Date Info)

78 posts in this topic

9 minutes ago, Brotherskeeper said:

This new SCOTUS opinion, decided on Jan. 8, 2019, might offer some persuasive argument to use when the JDB raises its costs of arb when opposing a MTC. I've added emphasis to some text. I realize this case is about who decides threshold arbitrability--judge or arbitrator--and not about the cost per se of arbitration. What do you think? 

This new ruling has some very good snippets that you have posted above.  This ruling really adds a few good punches that, IMO all but makes an MTC impossible to defeat.  I agree that this ruling seems to also work against the argument of costs being a viable reason to deny an MTC.

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1 hour ago, fisthardcheese said:

If you file in arbitration BEFORE they sue you on a contract containing the small claims exemption language, then, yes, in theory they can not sue.  However, in the real world, they WILL ignore the arbitration and sue you in small claims court anyway.  However, if they do this, you now have a very strong case in favor of granting your MTC.  I would file the MTC and when they oppose by saying there is a small claims exception, I would show my previous filing prior to the lawsuit and state that I already opened an arbitration case that they willfully ignored in an attempt to get out of their own contract of adhesion.  I think a court should rule to grant that MTC.

Ok, Thanks! So far they are ignoring the AAA case (for the $3000 one that has not sued)  They had until Feb 7 to pay, then AAA sent another letter stating they have until Feb 22 to pay and if they don't they may decline to administer any other consumer disputes involving this business and request that the business remove the AAA name from its arbitration clause so that there is no confusion to the public regarding our decision.  Since they bought the debt from Citi and it's in Citi's agreement, not sure how that would work. 

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20 hours ago, williams4 said:

Ok, Thanks! So far they are ignoring the AAA case (for the $3000 one that has not sued)  They had until Feb 7 to pay, then AAA sent another letter stating they have until Feb 22 to pay and if they don't they may decline to administer any other consumer disputes involving this business and request that the business remove the AAA name from its arbitration clause so that there is no confusion to the public regarding our decision.  Since they bought the debt from Citi and it's in Citi's agreement, not sure how that would work. 

That is just a standard letter AAA sends when any JDB fails to pay them.  Eventually, if they stiff AAA enough times, like Midland has, AAA will immediately reject any filings between a consumer and the JDB, just like they now do with Midland.  But court ordered arbitration from a granted MTC are always accepted.

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