Judge Alan Hertzberg of the Allegheny County Court of Common Pleas. Courtesy photoPittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Judge Alan Hertzberg rejected the defendant's bid to compel arbitration in a putative consumer class action.
December 23, 2024 at 06:25 PM
3 minute read
What You Need to Know
- A Pittsburgh trial judge ruled that a loan provider's arbitration agreement was unenforceable.
- The judge determined the arbitration provisions were not conspicuous enough to users of the defendant's app.
- The ruling rejects the defendant's bid to compel arbitration in a putative consumer class action.
A loan provider facing a consumer class action cannot push the lawsuit into arbitration, despite its assertion that the plaintiff agreed to arbitrate disputes with the company, a Pittsburgh judge held.
Administrative Judge Alan Hertzberg of the Allegheny County Court of Common Pleas ruled in a Dec. 19 opinion that the binding arbitration and class action waiver provisions found in Floatme Corp.’s terms and conditions were too inconspicuous to be enforceable.
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