pulpfiction0 Posted December 1, 2018 Report Share Posted December 1, 2018 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. Quote Link to comment Share on other sites More sharing options...
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