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PICARD v. CREDIT SOLUTIONS, INC.

No. 08-11104.

564 F.3d 1249 (2009)

Elizabeth PICARD, Thomas E. Reynolds, as Trustee of the Bankruptcy Estate of Elizabeth Picard, Plaintiffs-Appellees-Cross-Appellants, v. CREDIT SOLUTIONS, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 6, 2009.

Attorney(s) appearing for the Case

Nicole Mapp Hardee, JAmes A. Harris, III, Harris & Harris, LLP, Birmingham, AL, Richard E. Hillary, II, Derek S. Witte, Miller Johnson, Grand Rapids, MI, for Credit Solutions, Inc.

Michael H. Johnson, Law Office of Michael H. Johnson, LLC, Robert N. Barber, II, Barber Law Group, Michael Charles Skotnicki, Frank M. Young, III, Haskel, Slaughter, Young & Rediker, LLC, Birmingham, AL, for Reynolds.

Deepak Gupta, Public Citizen Litigation Group, Washington, DC, for Amici Curiae Public Citizen, Inc., National Association of Consumer Advocates, National Consumer Law Center, and U.S. Public Interest Research Group.

Christopher D. Thomas, Nixon Peabody, LLP, Rochester, NY, for Amicus Curiae National Association of Consumer Credit Attorneys.

Todd L. McLawhorn, Kenneth M. Kliebard, Howrey, Simon, Arnold & White, Chicago, IL, for Amici Curiae Association of Independent Consumer Credit Counseling Agencies.

Adel James Chareq, Hudson Cook, LLP, Washington, DC, for Amici Curiae Consumer Data Industry Association.

Before EDMONDSON, Chief Judge, TJOFLAT, Circuit Judge, and RYSKAMP, District Judge.

PER CURIAM:

This appeal presents the question of whether claims brought pursuant to the Credit Repair Organizations Act ("CROA"), 15 U.S.C. § 1679 et seq., are subject to arbitration. The district court held that the statute precludes arbitration. We disagree.

I. FACTUAL AND PROCEDURAL BACKGROUND

Credit Solutions, Inc., a/k/a Credit Solutions of America, Inc. ("CSA") is a debt settlement company that negotiates with unsecured creditors...

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