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Friday, August 12, 2011
AT&T Aftermath: Sham Credit Repair Business Takes Money, Runs, Escapes
The Corporate Court's decision in AT&T Mobility v. Concepcion set a dangerous precedent, and is forcing everyday Americans out of the courthouse. AFJ takes a look at some of the cases impacted by the decision.
Case: Day v. Persels & Assocs. LLC
Miranda Day wanted to pay off her debt and rebuild her credit, so she enrolled in CareOne’s credit counseling service. She sent CareOne $1,274.34 to put towards her debt, but they never paid her creditors or contacted them to negotiate for better terms, and eventually Day had to file for bankruptcy. She then took CareOne to court under the Credit Repair Organizations Act and Florida law on behalf of herself and other victims. However, buried in the paperwork and electronic forms she filled out was an arbitration clause that prohibited class actions. Before the AT&T decision, Day argued that the ban on class arbitration was unconscionable and void under Florida contract law, but after the decision, Day conceded the Supreme Court had defeated her argument.
Click here for more on the aftermath of the Court's AT&T decision.