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1101 Laurel Oak Road, Suite 100Voorhees, NJ 08043
August 1, 2016
Matthew R. Aylworth, Esq.Gordon, Aylworth & Tami, PC4023 West 1st AvenueEugene, OR 97402Via Email to: [email protected]
Midland Funding, LLCv.
Dear Parties:
Claimant has filed with us a demand for arbitration. We note that the arbitration clause provides for arbitration by the American Arbitration Association (“AAA”).
Prior to the filing of this arbitration, the business failed to comply with the AAA's policies regarding consumer claims. Accordingly, we must decline to administer this claim and any other claims between Midland Funding, LLC and its consumers. These policies can be found on our web site, www.adr.org, in the Consumer Due Process Protocol (“Protocol”) and the Consumer Arbitration Rules.
On a previously-filed consumer matter, this business did not timely submit its share of the filing fees and/or failed to waive a provision in its consumer contract that the AAA identified as a material and substantial deviation from the Protocol. The AAA sent correspondence informing the business that we may decline to administer consumer arbitrations involving this business and requested that the business remove the AAA from its consumer arbitration agreements so that there would be no confusion to the public.
In addition, Midland Funding, LLC has not complied with our request to register its consumer clause on the AAA's Consumer Clause Registry (www.adr.org/consumerclauseregistry). Please note that submission of the expedited review fee on any particular matter does not satisfy the separate obligation to register the consumer clause.
Accordingly, we have administratively closed our file and will refund any payment received by the filing party. According to R-1(d) of the Consumer Arbitration Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution.
Pursuant to the AAA's current policy, in the normal course of our administration, the AAA may maintain certain electronic case documents in our electronic records system. Such electronic documents may not constitute a complete case file. Other than certain types of electronic case documents that the AAA maintains indefinitely, electronic case documents will be destroyed 18 months after the date of this letter.
Please email [email protected] if you have any questions. However, if the business has not yet registered its clause in accordance with the notification requirement, the AAA will not respond to any inquiries regarding its decision to decline to administer this dispute until the business has submitted its consumer arbitration clause to the Consumer Clause Registry.
Sincerely,
Consumer Filing [email protected]: (877) 304-8457
