Midland Funding, L.L.C. v. Schwarzmer

Citations

• 2022 Ohio 4506

Syllabus

Abuse of discretion motion to compel arbitration waiver totality of circumstances FDCPA CSPA class action putative class motion to strike interlocutory order R.C. 2505.02(B)(5) jurisdiction. The trial court did not abuse its discretion in determining that appellant-debt collector, assignee of appellee-debtor's credit card account, waived its right to arbitrate under the terms of a credit cardholder agreement between the assignor-original creditor and appellee. Appellant filed a collection action and moved for default judgment in the trial court. Appellee alleged that he lived outside the jurisdiction of the court and filed a counterclaim alleging violations of the FDCPA and CSPA. Appellant answered the counterclaim and responded to discovery requests. Appellee amended the counterclaim to assert the same claims as a putative class action. Appellant participated in the litigation and could not change course by filing a motion to compel arbitration nine months after the complaint and seven months after answering the initial counterclaim. Appellant's motion to strike the class allegations from appellee's amended counterclaim was denied by the trial court when it did not grant the motion. Denial of a motion to strike allegations concerning a putative class is an interlocutory order not subject to appellate review.