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PostPosted: Thu Mar 15, 2007 5:06 am 
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Boran v. Columbia Credit Services, Inc.,
Slip Copy, 2006 WL 3388400, D.Conn., November 21, 2006 (No. 3:06CV806(CFD)(TPS).)

RULING ON DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, STAY PROCEEDINGS IN FAVOR OF ARBITRATION


THOMAS P. SMITH, Magistrate Judge.
*1 This case concerns alleged unauthorized collection efforts with respect to a consumer credit card debt in violation of the Fair Debt Collections Practice Act (FDCPA), 15 U.S.C. § 1692 et. seq., the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681b(f), and the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen.Stat. § 42-110(a). The defendants have filed a Motion to Dismiss or in the Alternative Stay Proceedings in Favor of Arbitration (Dkt. 10, 16) pursuant to the Federal Arbitration Act, 9 U.S.C. § 3, on the grounds that the claims in this action are subject to a binding arbitration agreement and a previous arbitration award in their favor.

Specifically, the defendants allege that the plaintiff signed a credit card agreement with MBNA America Bank, N.A. (MBNA) which contained a mandatory arbitration clause pertaining to all claims or disputes arising from the agreement. According to the defendants, Columbia Credit Services, Inc. (Columbia) was subsequently assigned all rights and authority necessary to pursue collection on the account, and filed a demand for arbitration in the National Arbitrations Forum (NAF) against the plaintiff pursuant to the arbitration provision. The arbitration was conducted through the rules of the NAF for “document hearings,â€

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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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