McBurnie

McBurnie v. Acceptance Now, LLC

Good Law
United States District Court, Northern District of CaliforniaNovember 30, 20223:21-cv-01429California3,111 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHANNON MCBURNIE, et al., Case No. 3:21-cv-01429-JD

Plaintiffs,

ORDER RE ARBITRATION

v.

ACCEPTANCE NOW, LLC, Defendant.

Plaintiffs Shannon McBurnie and April Spruell, suing on behalf of themselves and a putative class, allege that defendant RAC Acceptance East, LLC (“RAC”)1 charged excessive fees in connection with its rent-to-own business, in violation of California’s Karnette Rental-Purchase Act, Cal. Civ. Code § 1812.620 et seq. (“Karnette Act”), Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq. (“CLRA”), and unfair competition law, Cal. Bus. & Prof. Code § 17200 et seq. (“UCL”). Dkt. No. 1-1. RAC asks for an order compelling McBurnie and Spruell to individual arbitration pursuant to the parties’ arbitration agreements and the Federal Arbitration Act (“FAA”). Dkt. No. 67. Arbitration is denied. BACKGROUND The salient facts are undisputed. Plaintiffs bought furniture from a retail store, which they “financed” by…

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