Illinois Appellate Court
Civil Court
Arbitration Agreement
Plaintiff filed a putative class action lawsuit against the defendant alleging that they violated the Fair Debt Collection Practices Act by failing to provide clear and conspicuous instructions for opting out of future email communications. The trial court denied the defendants’ motion to compel arbitration and the defendants filed an interlocutory appeal. The appellate court affirmed, finding that an arbitration provision contained in an agreement that plaintiff had signed more than a decade before the current dispute did not apply. (LAMPKIN and D.B. WALKER, concurring)