Powers v. Receivables Performance Management, LLC, No. 22-1500 (1st Cir. 2023)

The First Circuit dismissed the appeal in the underlying putative action removed from Massachusetts state court to the federal district court concerning a motion to compel arbitration, holding that the order was not a final decision and not within an exception that would permit interlocutory review.

Plaintiff brought this putative class action alleging that Defendant, a debt collector, alleging violations of Mass. Gen. Laws ch. 93A and 940 Mass. Code Regs. 7.01-.10. Defendant moved to compel arbitration in the state court, relying on an arbitration provision in the service contract between Plaintiff and the holder of the alleged debt Defendant was attempting to collect. The state court denied the motion, after which Defendant removed the case to federal court, where it filed another motion to compel arbitration. The district court treated the motion as a motion for reconsideration of the state court order denying the arbitration and then denied it. The First Circuit dismissed Defendant's appeal, holding that this was an improper interlocutory appeal.