David Davon Adams v. Credit Acceptance Corporation, LVNV Funding LLC, TransUnion LLC, Experian Information Solutions, Inc., Equifax Information Services LLC, Self Financial, Inc., and Regional Acceptance Corporation

Summary

The court grants Credit Acceptance Corporation’s motion to compel arbitration under the Federal Arbitration Act and stays proceedings between the plaintiff and that defendant. It holds that the plaintiff agreed to a broad arbitration clause covering his FCRA, FDCPA, New York consumer-protection, negligence, and defamation claims, and that CAC did not waive arbitration through delay or litigation conduct.

Holdings

1. A valid agreement to arbitrate existed because plaintiff signed the contract and initialed immediately beneath the arbitration clause, thereby consenting to its terms.
2. All claims asserted against Credit Acceptance Corporation, including FCRA, FDCPA, New York General Business Law § 349, negligence, defamation, and requests for injunctive and monetary relief, fell within the broad arbitration clause.
3. Credit Acceptance Corporation did not waive its right to compel arbitration.
4. The proceedings between plaintiff and Credit Acceptance Corporation must be stayed pending arbitration.

Questions Presented

1. Whether the parties formed a valid agreement to arbitrate.
2. Whether plaintiff's statutory, tort, and common law claims against Credit Acceptance Corporation fell within the scope of the arbitration clause.
3. Whether Credit Acceptance Corporation waived its right to compel arbitration through delay or litigation conduct.
4. Whether the proceedings should be stayed pending arbitration.

Disposition

other