MOSS v. FIRST PREMIER BANK

Docket Nos. 15-2513-cv(L); 15-2667-cv(CON). August Term, 2015.

835 F.3d 260 (2016)

Deborah MOSS, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. FIRST PREMIER BANK, a South Dakota state-chartered bank, and Bay Cities Bank, a Florida state-chartered bank, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 29, 2016.


Attorney(s) appearing for the Case

ERIC RIEDER , Bryan Cave LLP ( Megan Awerdick Pierson , on the brief), New York, NY, for Defendant-Appellant Bay Cities Bank.

Bryan R. Freeman , Lindquist & Vennum LLP, Minneapolis, MN; Bryan Craig Meltzer , Herrick, Feinstein LLP, for Defendant-Appellant First PREMIER Bank.

J. AUSTIN MOORE , Stueve Siegel Hanson LLP ( Norman E. Siegel , Steve N. Nix , Stueve Siegel Hanson LLP; Darren T. Kaplan , New York, NY; Hassan Zavareei , Jeffrey D. Kaliel , Tycko & Zavareei, Washington, D.C., on the brief), Kansas City, MO, for Plaintiff-Appellee.

Before: POOLER, LIVINGSTON, and LOHIER, Circuit Judges.


Deborah Moss signed an arbitration agreement providing that any disputes between her and her payday lender would be resolved by arbitration before the National Arbitration Forum ("NAF"). When she tried to take her case to arbitration, however, NAF refused to accept it pursuant to a consent decree that prohibited NAF from accepting...

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