Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 2B.39: Arbitration

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Ky.) Orders TCPA Unintended Recipient Case to Arbitration Based on Arbitration Clause in Recipient’s Own Contract

by Scott J. Hyman |

In Whaley v. T-Mobile, USA, Inc., 2013 WL 5155342 (E.D.Ky. 2013), Judge Bunning ordered a TCPA/Unintended Recipient case to arbitration based on an arbitration clause that the defendant actually had with the recipient on an unrelated account.  Beginning in July 2012 T–Mobile used an automatic dialing system to call plaintiff regarding a debt purportedly owed by a third person, Thomas… Read More

District Court (Cal.) Orders TCPA Case to Arbitration

by Scott J. Hyman |

In Brown v. DIRECTV, LLC, 2013 WL 3273811 (C.D.Cal. 2013), Judge Gee ordered a TCPA case to arbitration, notwithstanding the Plaintiff’s argument that the claim was outside the scope of the clause.  This action is about whether collection calls were legal under TCPA. Other district courts have compelled arbitration of TCPA claims in similar circumstances. See, e.g., Cayanan v. Citi… Read More

District Court (Wash.) Orders FDCPA/TCPA Class Action to Arbitration

by Scott J. Hyman |

In Coppock v. Citigroup, Inc., 2013 WL 1192632 (W.D.Wash. 2013), Judge Coughenour granted a Petition to Compel Arbitration in a TCPA/FDCPA class action. The arbitration agreement clearly covers the TCPA and FDCPA claims. Citi made the calls to collect a debt it thought Coppock owed on her credit card account. Her claims based on those calls are thus “[c]laims relating… Read More

1 2