Retailer Moves Consumer Protection Law Case to Federal Court, Compels Arbitration

A retailer of home improvement merchandise was facing allegations that the company violated state consumer protection laws by failing to disclose the existence or amount of a fee for in-store pickup of online purchases. Faegre Drinker removed the case to federal court and then moved to compel arbitration pursuant to the company’s written arbitration agreement with the plaintiff. Rather than respond to our motion to compel arbitration, plaintiff filed an amended complaint that removed her breach-of-contract claim. We moved to strike that pleading and grant our motion to compel arbitration as unopposed and that motion is pending.

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