Arguing Arbitration Waiver After Morgan v. Sundance A Path to Hold Debt Buyers Accountable for Abusive Collection Litigation

Authors

Noa Gutow-Ellis, Benjamin N. Cardozo School of Law

Abstract

The note examines the impact of the Supreme Court's decision in Morgan v. Sundance on consumers' ability to challenge debt buyers in court under the Fair Debt Collection Practices Act (FDCPA). It argues that Morgan has provided a significant opportunity for consumers to argue that debt buyers have waived their right to arbitration, thereby allowing consumers to pursue FDCPA claims in court rather than being forced into arbitration. The article highlights the abusive practices of debt buyers, particularly their targeting of low-income and minority communities, and proposes strategies to hold debt buyers accountable.

Disciplines

Bankruptcy Law | Consumer Protection Law | Law | Law and Race

Recommended Citation

Noa Gutow-Ellis, Arguing Arbitration Waiver After Morgan v. Sundance A Path to Hold Debt Buyers Accountable for Abusive Collection Litigation, 30 Cardozo J. Equal Rts. & Soc. Just. 193 (2023).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol30/iss1/7