Supreme Court of the United States
Compucredit Corp. v. Greenwood
January 10, 2012565 U.S. 95
Summary
The Court held that the Credit Repair Organizations Act (CROA) is silent on whether its claims may be arbitrated, so under the Federal Arbitration Act the arbitration agreement must be enforced. The majority reasoned that the CROA’s disclosure provision does not create a congressional command barring arbitration, and that Congress would have spoken more clearly if it intended to prohibit such clauses. A dissent argued the opposite, reading the “right to sue” language as creating a nonwaivable right to court action, while a concurrence agreed with the result but emphasized the plausibility of the dissent’s view.
Holding
- Does the CROA contain a congressional command that precludes arbitration of its claims?. No; because the CROA is silent on arbitration, the FAA requires the arbitration agreement to be enforced.
Docket 10-948
Cited authorities
- 15 U.S.C. §1679
- 9 U.S.C. §1
- 9 U.S.C. §2
- 29 U.S.C. §626
- 18 U.S.C. §1964
- 15 U.S.C. §15
- 29 U.S.C. §626
- 31 Wake Forest L. Rev. 1001
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