Elected Arb via DV Letter. Law firm sued regardless. FDCPA violation? Sue/arbitrate?

[pulpfiction0]

Amex's collection attorney's sent initial dunning letter several months ago.

DV included a statement that I elect Arb to settle dispute, and of course they sued anyway.

While this theory hasn't been tested, it seems pretty reasonable to make a claim that since I elected arbitration, the firm was estopped from filing suit. 

Therefore, an FDCPA claim against the law firm for taking an action against me that they could not legally take seems plausible.  Your thoughts?

If I do file, would filing a separate Arb against the law firm be the more effective route, or would filing suit be the way to go?

I will soon be in Arb w/ Amex, and they will hand the ball off to a different law firm (from what I understand.) Original law firm will have no skin in the game.

However, they will likely either try to fight me tooth and nail to avoid setting precedent, or settle quickly.

Your thoughts would be much appreciated.

[BV80]

30 minutes ago, pulpfiction0 said:

While this theory hasn't been tested, it seems pretty reasonable to make a claim that since I elected arbitration, the firm was estopped from filing suit. 

Therefore, an FDCPA claim against the law firm for taking an action against me that they could not legally take seems plausible.  Your thoughts?

That it not correct.  Theoretically, a consumer could “elect” arbitration and never follow through.   

The FDCPA does not so much as hint at being an enforcement mechanism for other rules of state and federal law. Beler v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 480 F.3d 470, 474 (7th Cir.2007).

[Clydesmom]

43 minutes ago, pulpfiction0 said:

Therefore, an FDCPA claim against the law firm for taking an action against me that they could not legally take seems plausible.  Your thoughts?

To date there is no case law that we know of establishing that filing a lawsuit against a consumer after they merely stated they wanted to arbitrate is a violation of the FDCPA.

Even if it was it won't slow AMEX down.  They will simply leave you to pursue the law firm on your own and hire another one to pursue their claim against you.

45 minutes ago, pulpfiction0 said:

However, they will likely either try to fight me tooth and nail to avoid setting precedent, or settle quickly.

They will not settle quickly unless the number is right.  There will be a couple of windows for you to settle and if you don't they will go all the way with this.

[pulpfiction0]

22 hours ago, Clydesmom said:

To date there is no case law that we know of establishing that filing a lawsuit against a consumer after they merely stated they wanted to arbitrate is a violation of the FDCPA.

Even if it was it won't slow AMEX down.  They will simply leave you to pursue the law firm on your own and hire another one to pursue their claim against you.

They will not settle quickly unless the number is right.  There will be a couple of windows for you to settle and if you don't they will go all the way with this.

I was referring to the law firm settling with me; not Amex (a separate issue).  They presumably do not want precedent set that ignoring the DV Arb election is a violation, so my guess is they'll either fight tooth and nail or settle quickly.

[BV80]

8 minutes ago, pulpfiction0 said:

I was referring to the law firm settling with me; not Amex (a separate issue).  They presumably do not want precedent set that ignoring the DV Arb election is a violation, so my guess is they'll either fight tooth and nail or settle quickly.

This means that you would have to file a lawsuit against the law firm.  Then, you would bear the burden of proving your claim.