Liedtke v. Frank

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Liedtke v. Frank

Post by David A. Szwak »

Liedtke v. Frank,
437 F.Supp.2d 696, N.D.Ohio, June 19, 2006

Background: Consumer who disputed debt brought action against debt collector, its attorney, credit card company, and credit reporting agency, asserting violation of the Fair Credit Reporting Act (FCRA). Consumer's claims against credit card company were dismissed with prejudice. Debt collector and its attorney moved to compel arbitration.

Holding: The District Court, Gaughan, J., held that debt collector and its attorney could force consumer into arbitration even though they were not signatories to the arbitration agreement between consumer and credit card company.

Motion to compel arbitration granted and remaining claims stayed.

Memorandum of Opinion and Order


GAUGHAN, District Judge.


INTRODUCTION

There are two motions presently before the Court. The first is the Motion of John Frank and Javitch, Block & Rathbone LLP to Compel Arbitration. (Doc. 43, 59). Defendant Equifax Information Services LLC has not joined in this motion. Plaintiff Christine Liedtke has filed a Motion for Leave of Court to File a Motion for Summary Judgment. (Doc. 56). For the reasons that follow, the motion of Frank and Javitch, Block & Rathbone LLP is GRANTED and plaintiff's motion is DENIED.


BACKGROUND

Plaintiff Christine Liedtke received a General Motors MasterCard via an internet application in May of 2001. She used that credit card for a number of transactions. In one such transaction she entered her credit card number to receive a “freeâ€
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