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The Supreme Court recently heard oral argument in CompuCredit Corp. v. Greenwood, U.S. No. 10-948, and will decide whether claims under the Credit Repair Organizations Act (“CROA”), 15 U.S.C. 1679 et seq., are subject to arbitration in light of the language in the Act providing that consumers have a “right to sue” credit repair organizations and that waivers by consumers “may not be enforced by any Federal or State court or any other person.”
In its recent decision in DeFontes v. Dell, Inc., No. 2004-137, 2009 R.I. LEXIS 142 (R.I. Dec. 14, 2009), the Supreme Court of Rhode Island held that an arbitration clause, contained in terms and conditions provided to customers following purchase, was unenforceable because the customers were not given the opportunity to reject the terms and conditions by returning the purchased goods
