With this standard in place, the Court noted that the record included two documents which contained arbitration clauses. However, because neither document bore the borrower's name or credit card number, the Court observed that "the papers provide no evidence that they pertain to [the borrower's] account; or that [the borrower] received the papers; or that [the borrower] agreed to the terms set forth in the papers..." Therefore, the Court held that Debt Buyer "failed to satisfy its burden to establish a prima facie case to confirm the arbitration award."
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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