Today, DRI filed an amicus curiae brief in the United States Supreme Court in CompuCredit Corporation and Synovus Bank v. Wanda Greenwood et al. (No. 10-948). In this case the Court will consider whether claims arising under the Credit Repair Organization Act (CROA), 15 U.S.C. § 1679 et seq., are subject to arbitration under valid arbitration agreements.
In Greenwood v. CompuCredit, 615 F.3d 1203 (9th Cir. 2010), the Ninth Circuit ruled that claims brought under CROA are not subject to arbitration, despite the parties' prior agreement to settle all disagreements by that method. The Third and Eleventh Circuits, however, have notably ruled that CROA claims are subject to arbitration.
DRI's brief points out that the Court has consistently honored the strong federal policy favoring arbitration, recognizing again and again that a claim is arbitrable unless Congress says otherwise. It argues that both the outcome of this case below and the Ninth Circuit's approach to the issue of arbitrability of statutory claims are in conflict with the Court's precedent, as well as with Congress's endorsement of arbitration. For these reasons, DRI's brief urges the Court to reverse the decision below, preserving the settled expectations of countless parties to arbitration agreements.
DRI's brief was authored by Linda T. Coberly of Winston & Strawn in Chicago. DRI will report on the Court's decision immediately upon its release.