Gordon & Rees Orange County partner Sean P. Flynn, Chicago partners Ryan T. Brown and Angelo J. Kappas, Orange County associate Evan M. Rothman, and Chicago associate Christina R. Spiezia obtained judgment in favor of a debt collector client in the U.S. District Court for the Northern District of Illinois February 25 when the Court granted their client’s Motion to Compel Arbitration and Dismiss.
Gordon & Rees represented their client against claims involving the Fair Debt Collection Practices Act and Telephone Consumer Protection Act. In the client’s Motion to Compel Arbitration and Dismiss, Gordon & Rees argued that there was an enforceable arbitration clause the plaintiff had executed with the underlying creditors, and that the firm’s client was an assignee and agent of the underlying creditors and had standing to enforce the arbitration clause.
The plaintiff vigorously contested the motion, but the judge agreed that Gordon & Rees’s client had standing to enforce the arbitration clause, and that it was clear the clause mandated that the dispute was governed by the arbitration clause. As such, the Court granted the motion, dismissed the action and entered judgment in the client’s favor.