Rosa M. Williams-Hopkins, a plaintiff representing herself and others in a similar situation, has been embroiled in a legal battle against LVNV Funding, LLC. The case was filed in the Superior Court of New Jersey, Appellate Division under Docket No. A-0298-24. This ongoing litigation stems from an appeal decision dated November 20, 2025, where Williams-Hopkins challenged previous court orders compelling arbitration and confirming an arbitrator’s award.
The dispute began when Williams-Hopkins acquired a credit card from First Premier Bank and agreed to its terms, which included an arbitration clause for any disputes arising from the contract. She later filed a class action lawsuit against LVNV Funding, alleging violations of the New Jersey Consumer Finance Licensing Act (NJCFLA) and the New Jersey Consumer Fraud Act (CFA), claiming that LVNV Funding collected debts without proper licensing and engaged in unconscionable commercial practices. Williams-Hopkins sought restitution for funds she claimed were illegally obtained by LVNV Funding.
The case took a pivotal turn when the trial court ordered arbitration based on the agreement’s terms. Despite her arguments that LVNV Funding lacked a valid assignment of rights from First Premier Bank to enforce arbitration, the court upheld the order to arbitrate. The arbitrator eventually ruled that while there was insufficient evidence of assignment to LVNV Funding, equitable estoppel allowed them to enforce arbitration because Williams-Hopkins had relied on the agreement in her claims.
Williams-Hopkins appealed multiple times but faced setbacks as courts consistently affirmed that issues regarding the validity and enforceability of the arbitration provision were within the arbitrator’s purview. Her appeals also invoked recent Supreme Court rulings like Coinbase v. Suski as potential new controlling authority but failed to sway decisions grounded in established law-of-the-case doctrine.
Ultimately, Williams-Hopkins sought summary disposition on grounds including unjust enrichment and violations of NJCFLA by LVNV Funding but was met with resistance due to procedural hurdles and interpretations of applicable laws by both courts and arbitrators. The trial court confirmed the arbitrator’s award dismissing her claims for declaratory relief under CFA due to lack of private right of action under NJCFLA.
Representing Rosa M. Williams-Hopkins were attorneys Scott C. Borison and Yongmoon Kim from Kim Law Firm, LLC along with Mark Jensen; Jacquelyn A. DiCicco represented LVNV Funding with Jonathan M. Robbin assisting from J. Robbin Law PLLC. Judges Mayer and Paganelli presided over this appellate case under Case ID A-0298-24.
Source: A029824_Williams_Hopkins_v_LVNV_Funding_LLC_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf
