Facts: Appellee Brough (“Brough”) executed a contract for a loan to purchase a mobile home through Appellant Green Tree Servicing, LLC’s (“Green Tree”) predecessor. The contract contained a mandatory arbitration provision. Brough defaulted on the contract and later filed for bankruptcy. After the bankruptcy was discharged, Green Tree filed suit against Brough. Brough filed a counterclaim alleging that Green Tree violated the FCRA by reporting the debt to the consumer reporting agencies (“CRAs”) even though it was discharged in bankruptcy. Green Tree asked the trial court to stay the case and compel the parties to arbitration pursuant to the contract. The trial court granted the request and Brough filed a request to vacate the arbitration order, which was granted, and Green Tree appealed. Green Tree contended that Brough’s FCRA claim was subject to the arbitration provision in the contract. The Court reversed the judgment of the trial court and remanded with instructions to order the parties to arbitrate Brough’s FCRA claim.
* Arbitration. The Court noted that FCRA claims have been subject to arbitration clauses and concluded that if the contract was valid, the FCRA claim would be subject to arbitration. The Court also concluded that Brough’s bankruptcy discharge did not terminate the contract or the arbitration provision because arbitration of his FCRA claim would not affect Brough’s bankruptcy discharge in any way.
Location