TitleMax Can’t Keep All Consumer Claims Out of Court

TitleMax can send only some consumer class claims over its lending practices to arbitration, the Tenth Circuit affirmed Feb. 5 in an unpublished opinion.

The consumer can litigate claims under one of his three loan agreements because he properly opted out of its arbitration provision, the U.S. Court of Appeals for the Tenth Circuit said.

The lower court properly sent claims under the two other contracts to arbitration, and refused to compel arbitration on behalf of absent class members because a class was never certified, the court said.

Jesse Romero filed a class action against TitleMax of New Mexico Inc. ...