Capital Credit marketed a credit card to consumers with low or weak credit scores through direct-mail solicitations and the Internet. Consumers filed suit in state court against Capital Credit alleging violations of California’s Unfair Competition Law (UCL). The consumers claimed that the Capital’s promotional materials were deceptive because they mentioned the credit card fees in small print, buried in other information and not in proximity to the representation that no deposit was required. Capital filed a motion to compel arbitration as stated in the contract. What are the issues the court will examine to decide this case? Should the court approve Capital’s motion to compel arbitration or should the consumers be allowed to proceed with their lawsuit in state court? Why, or why not?
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