United States Eighth Circuit

In a putative class action claiming that defendants-purported assignees of a creditor violated the Fair Debt Collection Practices Act (FDCPA) and state law by attempting to collect on a debt that plaintiff already had paid, denial of defendants' motion to compel arbitration is reversed where: 1) the validity of an assignment is a matter for the court, as opposed to an arbitrator; 2) a continuing obligation to arbitrate gave original creditor a "present interest" in the contract even after plaintiff settled her debt, and thus the assignment was valid; and 3) a claim for a debt incurred during the contract period and pursuant to the credit agreement, even if ultimately unfounded, arose under the contract and was within the scope of the arbitration provision.

Appellate Information

• Decided 09/23/2008
• Published 09/23/2008

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher Landau, argued, Washington DC (H. William Allen and Kevin M. Lemly, Little Rock, AR, on the brief), for appellant.


• For Appellees:
  
• James A. Carney, argued, Little Rock, AR (Tiffany Oldham and Thomas B. Walker, on the brief), for appellee.