Eversheds Sutherland 11th Circuit Business Blog
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Failure of Proof of Online Consumer Arbitration Agreement

Does an arbitration agreement included in a credit cardholder agreement cover claims made under the Fair Debt Collection Practices Act arising from collection of resulting credit card debt? In the Eleventh Circuit’s July 5, 2016 decision in Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961, the district court had held that the collection claim, brought as a putative class...

Waiver of the Right to Arbitrate Federal Claim Does Not Extend to Later-Asserted State-Law Claims

On April 21, the Eleventh Circuit decided Collado v. J. & G. Transport, Inc., 820 F.3d 1256 (11th Cir. 2016), holding that a defendant’s waiver through litigation of the right to arbitrate claims under the Fair Labor Standards Act (FLSA) did not extend to state-law claims asserted by a later amendment to the complaint. Enrique Collado, a former truck driver for J. & G., filed a...