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BRANTLEY v. REPUBLIC MORTG. INS. CO.

No. 05-1047.

424 F.3d 392 (2005)

Kenisha BRANTLEY; Greg Brantley, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. REPUBLIC MORTGAGE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Benjamin Rush Smith, III, Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina, for Appellant. Kathleen Clark Knight, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, Florida, for Appellees. ON BRIEF: Thadeous H. Westbrook, III, Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina; William L. Kirkman, Bourland, Kirkman, Seidler, Jay & Michel, L.L.P., Fort Worth, Texas, for Appellant. Terry A. Smiljanich, James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, Florida; T. English McCutchen, William E. Hopkins, Jr., McCutchen, Blanton, Johnson & Barnette, Columbia, South Carolina, for Appellees.

Before WIDENER and MOTZ, Circuit Judges, and ROBERT E. PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge MOTZ and Judge PAYNE concurred.

OPINION

WIDENER, Circuit Judge.

This case arises from alleged violations by the defendant, Republic Mortgage Insurance Company, of the Fair Credit Reporting Act, 15 U.S.C. § 1681-1681t. Republic Mortgage filed a motion to compel arbitration and dismiss the action or, in the alternative, stay the action pending arbitration. The district...

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