United States Fourth Circuit

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Dillon v. BMO Harris Bank, N.A., 16-1362

In a case involving the enforceability of an arbitration agreement included in the terms of a 'payday loan' obtained over the internet, alleging that defendant violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. section 1961 et seq., when defendant used its role within a network of financial institutions 'to conduct and participate in the collection of unlawful payday loans', the district court's judgment that the arbitration agreement was unenforceable under Hayes v. Delbert Services Corp., 811 F.3d 666 (4th Cir. 2016), and denial of defendant's motion to compel arbitration under the Federal Arbitration Act (FAA), is affirmed where the arbitration agreement between plaintiff and the lender is unenforceable.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/10

Judges

  • KEENAN

Court

  • United States Fourth Circuit

Counsel


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