Carbajal v. H & R Block Tax Services, Inc.

[David A. Szwak]

Carbajal v. H & R Block Tax Services, Inc.
372 F.3d 903
C.A.7 (Ill.),2004.
June 24, 2004

Background: Borrower who received income-tax refund anticipation loan offered through tax preparer sued preparer and lenders, alleging that lender's retention of most of refund to pay off earlier, allegedly outstanding anticipation loan violated Fair Debt Collection Practices Act and state law. The United States District Court for the Northern District of Illinois, John A. Nordberg, J., 2003 WL 22159473, granted defendants' motion to compel arbitration, and borrower appealed.

Holdings: The Court of Appeals, Easterbrook, Circuit Judge, held that:
(1) preparer and lenders did not waive their rights under loan agreement's arbitration clause by trying to include borrower in master settlement of class action brought by other borrowers;
(2) arbitration clause was enforceable even though it was part of consumer form contract; and
(3) arbitration clause was not rendered unconscionable by its provision requiring parties to bear their own costs of arbitration.

Affirmed.


Before BAUER, EASTERBROOK, and MANION, Circuit Judges.


EASTERBROOK, Circuit Judge.
In 1999 H & R Block prepared Roy Carbajal's 1998 federal tax return. Its calculations showed that Carbajal could expect a refund of $5,001. Carbajal applied for what Block calls a “rapid refund,â€