Wayne Taylor v. Alternative Solar, LLC, et al.

Summary

The United States District Court for the Eastern District of Louisiana granted Solar Mosaic, LLC’s unopposed motion to compel arbitration in Wayne Taylor’s Fair Debt Collection Practices Act action. The court held that the arbitration provision in the plaintiff’s Home Improvement Loan Agreement applied to his claims against Mosaic as a service provider and loan servicer. The court stayed and administratively closed the case pending arbitration.

Holdings

1. Taylor's FDCPA claims against Mosaic arose from and related to the Loan Agreement because they concerned Mosaic's purported collection of the debt, and the agreement expressly covered claims against service providers and related parties.
2. The written arbitration agreement was enforceable because Taylor did not oppose the motion or prove fraud, coercion, or another defense to enforcement.
3. The case had to be stayed and administratively closed pending arbitration because the claims were referable to arbitration.

Questions Presented

1. Whether Taylor's FDCPA claims against Mosaic fell within the scope of the written arbitration provision in the Home Improvement Loan Agreement and Promissory Note.
2. Whether Mosaic was entitled to an order compelling arbitration and a stay of the federal action under the Federal Arbitration Act.

Disposition

other