Asset Acceptance LLC v. Newby (Majority, with Dissenting)Annotate this Case
Asset Acceptance, LLC filed a complaint against Amy Newby, alleging that Newby had received a credit card from Asset and that her account was past due and remained unpaid. Newby asserted counterclaims against Asset. Asset subsequently filed a motion to compel arbitration, claiming that the credit card was issued to Newby by Chase Bank and was subject to a cardholder agreement that contained an arbitration provision. The circuit court denied the motion, concluding that Asset had waived its right to arbitration by filing its complaint in the circuit court. The Supreme Court affirmed, holding that the circuit court did not err in (1) denying Asset’s motion to compel arbitration, and (2) denying sanctions against Asset pursuant to Ark. R. Civ. P. 11.