August 2018

Eighth Circuit Affirms Bluestem Brands' Arbitration Agreements

United States - Minnesota

Bluestem Brands, Inc. successfully appealed to the United States Court of Appeals for the Eighth Circuit, winning an order compelling individual arbitration of consumer protection claims. Faegre Baker Daniels represented Bluestem Brands.

The Plaintiffs had brought a putative nationwide class action alleging the existence of hidden finance charges that would violate the Truth In Lending Act and state usury laws. The district court granted Bluestem’s motion to compel arbitration in part but also denied it in part. Agreeing with FaegreBD’s arguments, the Eighth Circuit concluded that the “broad” arbitration agreements the Plaintiffs had entered into covered all of Plaintiffs’ claims and thus ordered all of them to individual arbitration, ending the class action.

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