FDCPA Violation Arbitration Agreement.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Francina Smith v. GC Services Limited Partnership

Case No.: 18-1361

Officials: EASTERBROOK, KANNE, and BRENNAN, Circuit Judges.

Focus: FDCPA Violation Arbitration Agreement

Synchrony Bank hired GC Services Limited Partnership to collect a debt Francina Smith purportedly owed on her Sam's Club credit card. In response, Smith sued GC Services for alleged violation of the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. 1601 et seq. Eight months later, GC Services notified Smith that she signed an arbitration agreement with Synchrony Bank when she obtained the credit card. GC Services demanded arbitration. Smith promptly refused. Another five months passed before GC Services filed a motion to compel arbitration. The district court denied the motion after holding that GC Services could not enforce the arbitration agreement on Synchrony Bank's behalf and finding that GC Services waived any right to arbitration. Because of GC...