New York Civil Court denies motion to confirm arbitration filed by FIA Card Services, dismisses case against consumer represented by Schlanger & Schlanger.

August 10th, 2010 | By Daniel Schlanger | Posted in Credit Card Defense | 1 Comment »

New York Civil Court Judge Arthur Engoran recently denied a motion to confirm arbitration filed by (now defunct) collection firm Mann Bracken on behalf of credit card giant FIA Card Services, and dismissed the case against consumer Miguel Escobar, who was represented by Schlanger & Schlanger, LLP.  The Court found the arbitration award issued by National Arbitration Forum to be unenforceable as a matter of “public policy”, pointing to unrebutted evidence of NAF’s “institutional bias”.  This decision is of particular note for its refusal to enforce an NAF award issued prior to the effective date of the consent decree entered into by NAF and the Minnesota Attorney General pursuant to which NAF stopped hearing consumer cases filed on or after July 24, 2009.

Click here to read decision

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One Response to “New York Civil Court denies motion to confirm arbitration filed by FIA Card Services, dismisses case against consumer represented by Schlanger & Schlanger.”

  1. Drew says:
    November 26, 2010 at 9:15 pm

    The ABA (Amer. Arbitration Assn. in New York) also has certain tricks or insitutional biases against consumers.

    They have a thicket of rules, and then trickily allow their arbitrator in small cases (only one person and a Lawyer) to issue a decision without any reasoning stated whatsoever (and that was completely at odds with evidence) in my case against a credit card issuer. Later you find out that for the simplified case you paid a filing fee of under $100, but the credit card company was charged over $800, and later you also find out that they rule in favor of the credit card companies almost all the time (Gee I wonder why, they charge them a much higher fee, and shall we say “deliver” for them).

    Please keep my e-mail confidential, but you may contact me. Or you may have NY State Attny. Genl’s office contact me.

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