Simmonds & Narita, LLP

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Oregon federal district court grants motion to compel arbitration in putative class action brought against Simmonds & Narita’s debt buyer client.

In January 2019, the U.S. District Court for the District of Oregon adopted a Magistrate Judge’s Report and Recommendation that a motion to compel arbitration filed by Simmonds & Narita on behalf of its debt buyer client be granted, in a putative class action asserting that the client violated the FDCPA based on actions it took in prosecuting a state court collection lawsuit against the plaintiff.  The district court agreed with the magistrate judge that the arbitration provision between the plaintiff and the original creditor was valid, that the debt buyer could invoke the provision, that the plaintiff’s claims fell within the scope of the provision, and that private attorney general and class action waiver clauses in the provision did not bar enforcement of the provision.



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