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PostPosted: Mon Jan 15, 2007 11:22 pm 
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Plaintiff Thomas Jacobsen, customer of an automobile retailer, filed this complaint against the retailer, Defendant J.K. Pontiac-GMC Truck, alleging that Defendant rejected his credit application in violation of the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. § 1691, and the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 (1998). Defendant now moves to stay the proceedings and compel arbitration according to an arbitration agreement ("the Agreement") that both parties signed at the time Plaintiff executed an automobile purchase agreement and applied for credit from Defendant.Plaintiff argues that this court should deny Defendant's motions because the Agreement was predicated on the unfulfilled condition precedent that a third- party lender approve the car loan. Plaintiff also argues that his claims do not fall within the provisions of the Agreement, and that the Agreement is unenforceable under the Illinois Motor Vehicle Retail Installment Sales Act ("MVRISA"). Finally, Plaintiff argues that the Agreement is unenforceable for lack of consideration. For the reasons set forth below, Defendant's motion to stay proceedings in this court and compel arbitration is granted.
Jacobsen v. J.K. Pontiac GMC Truck, Inc., 2001 WL 1568817, N.D.Ill., Dec 10, 2001.

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David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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