Creditors Push For Arbitration of Consumer Claims Must Be Challenged. All too often the consumer runs out of options, with little money to pay escalating credit card payments after the credit card companies arbitrarily raise interest rates and minimum monthly payments. Once the credit card companies decide they will not negotiate terms or payments, the consumer has no other option, but to fall behind on payments. That is when the collection calls begin. Putting aside any abusive telephone calls that are received, it is not uncommon for consumers to receive seven to ten telephone calls per day. Unfortunately, sometimes the only way to make the collection harassment and abuse stop is to take the affirmative step of initiating a lawsuit. That is when credit card companies attempt to fall back on the arbitration clauses they bury in their contracts. With an obvious superior bargaining position, banks and credit card companies are in a perfect position to force any unconscionable term on the consumer. After all, what other choices does the consumer have. Hyde and Swigart put great effort to put a stop to credit card companies and banks from taking advantage of consumers. In Geoffroy v. Washington Mutual Bank, 484 F. Supp. 2d 1115 (S.D. Cal. 2007), Hyde and Swigart challenged the banks motion to compel arbitration of Plaintiff’s claims after a federal suit was initiated. The Court found that Washington Mutual could not force Plaintiff into arbitration as the insertion of those terms were procedurally and substantively unconscionable. This allowed Plaintiff’s claims to continue in federal court, a fair forum, and ultimately resolve the claims.