Fair Debt Collection: 11.3.3 Debt Buyer’s Right to Enforce the Creditor’s Arbitration Agreement
When a debt buyer seeks to force a consumer’s debt collection claim into arbitration, the debt buyer has initial hurdles to overcome. The debt buyer must produce the credit agreement binding on the consumer that contains an arbitration requirement, the debt buyer must prove that it has been assigned the credit agreement,103 and it must prove it has rights to enforce the creditor’s arbitration agreement.