LendVia Must Go to Trial on Arbitration of Telemarketing Claims

LendVia LLC can’t yet force individual arbitration of claims it made illegal telemarketing calls, after a federal court said it’s not sufficiently clear whether the lead plaintiff signed an arbitration agreement.

Someone did fill out a personal loan application with plaintiff Jourey Newell’s Social Security number. A factfinder could determine that person wasn’t Newell, but someone who illicitly obtained that information and signed the arbitration agreement instead of him, Judge Gerald J. Pappert of the US District Court for the Eastern District of Pennsylvania said Aug. 15.

Newell brought a proposed class action under the Telephone Consumer Protection Act after ...