April 15, 2020

Fishkin Lucks Wins Arbitration

The Firm prevailed in a AAA arbitration brought by a consumer against the Firm’s client, an international solar company, in which the claimant alleged that he was entitled to rescission of the parties' 25-year contract, arguing that contract failed to comply with disclosures mandated by the Truth in Lending Act (“TILA”) and its implementing regulations, and that it was an unenforceable electronically signed agreement pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq. Following an evidentiary hearing, the arbitrator entered an award in favor of the Firm's client, finding that the contract was enforceable and complied with all of the TILA disclosure requirements.