Eleventh Circuit Holds Subsequent FCRA Claim Subject to Arbitration Provision Under…..

In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals held that a FCRA claim arising nearly a year after the termination of a subscriber agreement was subject to the arbitration provision included in the terminated subscriber agreement. 2021 WL 1246263 (11th Cir. 2021). Hearn was a Comcast subscriber, subject to a subscriber agreement (the “2016 Subscriber Agreement”) from December 2016 until August 2017, when he terminated the Comcast services.  In March 2019, Hearn contacted Comcast again about pricing for services at the same Service Address.  In connection with his request, Hearn alleged that Comcast initiated a credit inquiry without his permission or knowledge.  Hearn filed a putative class action in the Northern District of Georgia alleging violations of the Fair Credit Reporting Act.

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