CFNA

[Arbitration all the way]

Scant information out there on CFNA. Has anyone been successful in AAA with them?

I don't owe them money and the dispute isn't collection related (I see their contract excludes this, real slick), however I have a different type of dispute.

[Harry Seaward]

37 minutes ago, Arbitration all the way said:

the dispute isn't collection related (I see their contract excludes this, real slick

It says they won't require you to arbitrate collection claims, or it specifically prohibits you from electing it? I've seen several agreements saying the former, but never one staying the latter. 

[Arbitration all the way]

"You agree that either you or we can choose to have any Claim resolved by binding arbitration. You and we acknowledge that each waives the right or opportunity to litigate a Claim in a court of law, and that each agrees to resolve any Claims arising out of this Agreement through binding arbitration. This Section does not apply to any of our regular Account collection efforts. If this Section (or any part of it) is determined invalid or illegal under any applicable statute or rule of law, it will be deemed omitted without affecting any other provisions of this Agreement, which shall remain in full force and effect."

[Harry Seaward]

Where's the part that excludes debt collection cases from arbitration? What you quoted could actually be interpreted to mean all cases are subject to arbitration only. The confusing part is where they say either party may "choose" arbitration, and then says you waive your right to litigate your claims in court and all claims must be settled through arbitration. Doesn't sound like you have a choice at all. 

[BV80]

58 minutes ago, Harry Seaward said:

Where's the part that excludes debt collection cases from arbitration? What you quoted could actually be interpreted to mean all cases are subject to arbitration only. The confusing part is where they say either party may "choose" arbitration, and then says you waive your right to litigate your claims in court and all claims must be settled through arbitration. Doesn't sound like you have a choice at all. 

It says “This Section does not apply to any of our regular Account collection efforts.”

[fisthardcheese]

6 hours ago, BV80 said:

It says “This Section does not apply to any of our regular Account collection efforts.”

I read that to say they will not arbitrate their collection efforts.  That's all this says.

Regardless, CNFA will settle most arbitration disputes quickly.  I can't give details, but I can say that I am no longer allowed to buy tires from their stores and the exchange was worth it.

[Arbitration all the way]

11 minutes ago, fisthardcheese said:

I read that to say they will not arbitrate their collection efforts.  That's all this says.

Regardless, CNFA will settle most arbitration disputes quickly.  I can't give details, but I can say that I am no longer allowed to buy tires from their stores and the exchange was worth it.

For some reason when I copied their agreement, it copied the part in bold type. I didn't actually mean to make that sentence bold.

But yes fisthardcheese. That's the type of info I was looking for. Serving them today. Too bad JAMS is not an option.

[Harry Seaward]

10 hours ago, BV80 said:

It says “This Section does not apply to any of our regular Account collection efforts.”

But, as fist points out, "this section", which seems to be the sentence saying all claims are subject to arbitration, doesn't expressly prohibit a consumer from using arbitration in response to a collection lawsuit. 

It's a horribly drafted agreement, in any event. 

[BV80]

8 minutes ago, Harry Seaward said:

But, as fist points out, "this section", which seems to be the sentence saying all claims are subject to arbitration, doesn't expressly prohibit a consumer from using arbitration in response to a collection lawsuit. 

It's a horribly drafted agreement, in any event. 

I didn’t mean to imply that I thought the sentence prohibits arbitration for collection lawsuits.  You had asked the OP which part he thought prohibited it, and I just meant to show that he might be referring to that sentence.  I should have explained my response.   

[fisthardcheese]

39 minutes ago, Harry Seaward said:

But, as fist points out, "this section", which seems to be the sentence saying all claims are subject to arbitration, doesn't expressly prohibit a consumer from using arbitration in response to a collection lawsuit. 

It's a horribly drafted agreement, in any event. 

I was also mostly going by "... does not apply to any of our regular Account collection efforts ".  To me, this says that THEY can not take their own collection efforts to arbitration.

In fact, if I were to arbitrate a dispute and they attempted to counter claim an owed debt on the account in arbitration, I would cite this part of their own contract as part of my opposition to their counterclaim stating they are barred from bringing any collection efforts to arbitration.