Arbitration Unenforceable Due To Lack Of Tribal Forum, 11th Circuit Rules
Mealey's (August 31, 2016, 1:54 PM EDT) -- ATLANTA — A bank cannot compel a loan recipient to arbitrate her class claims that the bank illegally permitted a Native American payday loan business to initiate electronic fund transfers from borrower accounts under unlawful payday loan agreements because the loan agreements’ arbitration provision is unenforceable, the 11th Circuit U.S. Court of Appeals held Aug. 29 (Jessica Parm v. National Bank of California, N.A., No. 15-12509, 11th Cir.; 2016 U.S. App. LEXIS 15919).