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Dispute Resolution Keyed to Carbonneau, 8th Ed.
CompuCredit Corp. v. Greenwood
Citation:
565 U.S. 95, 132 S. Ct. 665, 181 L. Ed. 2d 586 (2012)Facts
The respondents applied for and received Aspire Visa credit cards marketed by petitioner CompuCredit Corporation and issued by Columbus Bank and Trust (now Synovus Bank). In their applications, they agreed to a provision stating that any claim, dispute, or controversy would be resolved by binding arbitration upon the election of either party. The credit card was marketed to consumers with weak credit ratings as a way to “rebuild poor credit” and “improve credit rating.” In 2008, respondents filed a class-action complaint against CompuCredit and Columbus in federal court, alleging violations of the Credit Repair Organizations Act. Their claims centered on allegedly misleading representations that the credit card could be used to rebuild poor credit, while CompuCredit assessed multiple fees upon opening the accounts that greatly reduced the advertised credit limit. The respondents argued that the CROA’s disclosure provision, which requires credit repair organizations to inform consumers they have a “right to sue,” combined with the Act’s nonwaiver provision, created a right to judicial forum that could not be waived through an arbitration agreement.
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