La'Shaun Clark v. Jefferson Capital Systems, LLC, as Assignee of One Main Financial Group, LLC
Arbitration DueProcess JusticiabilityDoctri
Whether debt buyers are defined as Lenders and whether state courts violate due process by refusing to enforce federal arbitration agreements
The Federal Arbitration Act FAA 9 U.S.C. §§ 1-16 is a substantive rule applicable in state as well as in federal Courts. The FAA withdrew the power of the states to require a judicial forum for the resolution of claims in contracts containing interstate commerce that include binding Federal Arbitration Southland Corp, v. Keating, 465 U.S. 1 (1984) The Georgia Court of Appeals vehemently rejected the binding federal arbitration agreement in a loan contract that contains a binding Federal arbitration clause. The Georgia Court Of Appeals ruled that the respondent Jefferson Capital Systems LLC. “ a debt buyer “ who allegedly purchased a debt from a “ Lender “ One Main Financial LLC., was not subject to the binding federal arbitration agreement in a loan contract that was between the petitioner La’ Shaun Clark and “ Lender “ One Main Financial. The questions presented: (1) Whether debt buyers are defined as Lenders ? (2) Whether State Courts are in violation of the equal protection and the due process clause under the XIV Amendment of the U.S. Constitution when State Courts have discriminatory intent to refuse to allow a litigant to be heard on the merits of the FAA due to the states direct financial pecuniary interest in receiving filing fees from debt buyer/debt Collection lawsuits refusing to hear and decide a motion to dismiss and compel Arbitration for contracts that are subject to the FAA ?