LaneBlane

Expiration of SOL Before AAA Arbitration Commences

Recommended Posts

29 minutes ago, LaneBlane said:
 

AAA determined my dispute would fall under the consumer rules, so that was enough to take came of the grey area.

I understand that.  But under which other rules could your dispute have fallen?   If, in your particular situation, you are a consumer, I don’t think the agreement would need to specify that the consumer rules apply.  

  • Like 1

Share this post


Link to post
Share on other sites
13 minutes ago, BV80 said:

I understand that.  But under which other rules could your dispute have fallen?   If, in your particular situation, you are a consumer, I don’t think the agreement would need to specify that the consumer rules apply.  

The consumer rules are the only rules that would have applied. Because these weren't specified in the arbitration clause, AAA required the parties to sign a letter authorizing AAA to administer arbitration using these rules.  I signed and returned the letter.  The business never did.

Share this post


Link to post
Share on other sites
On 12/10/2019 at 10:10 AM, LaneBlane said:

The consumer rules are the only rules that would have applied. Because these weren't specified in the arbitration clause, AAA required the parties to sign a letter authorizing AAA to administer arbitration using these rules.  I signed and returned the letter.  The business never did.

Are you sure this wasn't a consent to use streamlined or comprehensive rules?  The consumer supplement can and usually is added to any rule under AAA without consent of either party.

Share this post


Link to post
Share on other sites
12 minutes ago, fisthardcheese said:

Are you sure this wasn't a consent to use streamlined or comprehensive rules?  The consumer supplement can and usually is added to any rule under AAA without consent of either party.

It was a consent to use the consumer rules.

Share this post


Link to post
Share on other sites

Here's an update:

AAA administratively closed my case and declined to arbitrate my dispute because the business failed to submit their arbitration clause for review and pay their portion of the fees costs.  My $200 consumer filing fee was also refunded.

Again, this doesn't involve credit/debt.  It's an arbitration case I filed against a business.

Today I received an email from AAA stating the attorney (hired by the business' insurance company) filed a notice to appear.  The attorney's office didn't copy me on the email, so I haven't seen the notice.

Can AAA re-open a case that's already been administratively closed?

Share this post


Link to post
Share on other sites
On 12/20/2019 at 1:51 PM, LaneBlane said:

Here's an update:

AAA administratively closed my case and declined to arbitrate my dispute because the business failed to submit their arbitration clause for review and pay their portion of the fees costs.  My $200 consumer filing fee was also refunded.

Again, this doesn't involve credit/debt.  It's an arbitration case I filed against a business.

Today I received an email from AAA stating the attorney (hired by the business' insurance company) filed a notice to appear.  The attorney's office didn't copy me on the email, so I haven't seen the notice.

Can AAA re-open a case that's already been administratively closed?

They CAN, but if you have already started working on an alternative like suing, you have a right to object to the re-opening at this stage. Alternatively, I would state that I stipulate to reopening the case, however I object to resubmitting any filing fee and request that the company pay the full filing fee.

Share this post


Link to post
Share on other sites
39 minutes ago, fisthardcheese said:

They CAN, but if you have already started working on an alternative like suing, you have a right to object to the re-opening at this stage. Alternatively, I would state that I stipulate to reopening the case, however I object to resubmitting any filing fee and request that the company pay the full filing fee.

I did object to the attorney filing a notice to appear.   A few weeks later I received a letter from AAA stating they would not administer my case or any other consumer case filed against the company because the company hadn't complied with AAA's policies.  (It's worth noting that the company has had a couple class action suits filed against them and they filed an MTCA in each to try to get the cases out of court.)

The attorney made an extremely low settlement offer and I countered last week.  (I'm still awaiting a response.)  If we're not able to settle within the next few weels, I'll have to start preparing a complaint to file in court because I have an SOL coming up in March.

I'd prefer to handle this in arbitration because I'd be protected by a $200 cost/fee cap.  I also believe arbitration would be easier for me to navigate as a pro se.  If I need to file in court to freeze the SOL, and they filed an MTCA, I could always agree to arbitration if they paid my filing fee.  That would freeze the SOL and get this back to arbitration.

Reminder:  This case doesn't involve credit/debt. 

Share this post


Link to post
Share on other sites
16 hours ago, LaneBlane said:

I did object to the attorney filing a notice to appear.   A few weeks later I received a letter from AAA stating they would not administer my case or any other consumer case filed against the company because the company hadn't complied with AAA's policies.  (It's worth noting that the company has had a couple class action suits filed against them and they filed an MTCA in each to try to get the cases out of court.)

The attorney made an extremely low settlement offer and I countered last week.  (I'm still awaiting a response.)  If we're not able to settle within the next few weels, I'll have to start preparing a complaint to file in court because I have an SOL coming up in March.

I'd prefer to handle this in arbitration because I'd be protected by a $200 cost/fee cap.  I also believe arbitration would be easier for me to navigate as a pro se.  If I need to file in court to freeze the SOL, and they filed an MTCA, I could always agree to arbitration if they paid my filing fee.  That would freeze the SOL and get this back to arbitration.

Reminder:  This case doesn't involve credit/debt. 

Is this an issue you can bring to small claims court to keep the costs low?  In my opinion, you need something more for a settlement leverage since the arbitration case is now closed.

Share this post


Link to post
Share on other sites
4 hours ago, fisthardcheese said:

Is this an issue you can bring to small claims court to keep the costs low?  In my opinion, you need something more for a settlement leverage since the arbitration case is now closed.

The small claims cap is a small percentage of what I'm seeking.  The attorney for the company said they would agree to arbitrate.  Because my SOL is less than two months away, I can't trust that they will.

Instead of filing a complaint in court to freeze the SOL, an option you've brought up is to file a petition in Federal court (9 US Code 4) for an order to compel arbitration.  The company has the ability to comply with AAA's requirements.  AAA still has final say as to whether or not they'll administer arbitration cases for them in the future.

Share this post


Link to post
Share on other sites

AAA will administer any case with a court order.  I have previously emailed them to ask in order to have proof for my Federal PTC I filed because one of the pre-hearing questions the judge sent out was regarding AAA's willingness to hear the case in a situation similar to yours.  You can email AAA and ask them if there is a court ordered petition to compel arbitration if they will administer the case.  Their reply can be used if it comes up in your case.

The only drawback to the federal PTC is the Federal filing fee and service which runs about $450.  Also drafting the petition and filing in federal court require strict adherence to their rules.  But in my case, the effort and initial cost was well worth it and it sounds like yours may be as well.

Share this post


Link to post
Share on other sites
5 minutes ago, fisthardcheese said:

You can email AAA and ask them if there is a court ordered petition to compel arbitration if they will administer the case.  Their reply can be used if it comes up in your case.

Thank you for recommending this.  I'll reach out to AAA to ask them this question. 

 

6 minutes ago, fisthardcheese said:

The only drawback to the federal PTC is the Federal filing fee and service which runs about $450.  Also drafting the petition and filing in federal court require strict adherence to their rules.  But in my case, the effort and initial cost was well worth it and it sounds like yours may be as well.

$450 would be a small price to freeze the SOL.  I just searched for an example of a petition to compel arbitration.  The first one I found was Roger Ailes v. Gretchen Carlson involving Fox News at: https://www.politico.com/f/?id=00000155-f03f-df0e-a37d-f5ff53ec0001 .   I'll look for more examples that involve subjects closer to mine.

Thanks again for your help, @fisthardcheese.

 

 

 

Share this post


Link to post
Share on other sites

Any motion to compel arbitration in Federal court will work.  Often these are filed by Defendants, so they are Motions.  But you as the Plaintiff and filing this as the main cause of action, it is called a Petition in Federal court.  However the format and case laws will be the same as any MTC.

Share this post


Link to post
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.