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PostPosted: Tue Oct 10, 2006 10:38 pm 
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Hoefs v. CACV of Colorado, LLC
365 F.Supp.2d 69
D.Mass.,2005.
March 24, 2005

Background: Consumer brought action against collection agency, law firm, and lawyer alleging violations of Fair Debt Collection Practices Act (FDCPA) and state law. Defendants brought motion to compel arbitration.

Holdings: Adopting the report and recommendation of Neiman, United States Magistrate Judge, the District Court, Ponsor, J., held that:
(1) consumer did not rebut presumption under mailbox rule that she received arbitration amendment, and
(2) clause that required arbitration of claims against credit card issuer's assigns and its agents required arbitration of consumer's claims against debt collection agency, its attorney, and attorney's law firm.

Motion granted.

MEMORANDUM AND ORDER REGARDING REPORT AND RECOMMENDATION WITH REGARD TO DEFENDANTS' MOTIONS TO COMPEL ARBITRATION (Docket Nos. 59, 27 & 31)


PONSOR, District Judge.
On February 25, 2005, Magistrate Judge Kenneth P. Neiman issued his Report and Recommendation, to the effect that the defendants' Motions to Compel Arbitration be allowed. No objection to this Report and Recommendation has been filed by the plaintiff in accordance with Rule 3(b) of the Rules for United States Magistrates in the United States District Court for the District of Massachusetts. Moreover, Magistrate Judge Neiman's recommendation is well supported by the facts of this case and the applicable law.
For this reason, the Report and Recommendation of Magistrate Judge Kenneth P. Neiman dated February 25, 2005, upon de novo review, is hereby ADOPTED. The defendants' Motions to Compel (Docket Nos. 27 and 31) are hereby ALLOWED. A separate order will address further proceedings in this case related to a recently added plaintiff and defendant.
It is So Ordered.


REPORT AND RECOMMENDATION WITH REGARD TO DEFENDANTS' MOTIONS TO COMPEL ARBITRATION (Document Nos. 27 and 31)


NEIMAN, United States Magistrate Judge.
Janet S. Hoefs (“Plaintiffâ€


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